STANDARD TERMS AND CONDITIONS OF SALE
1. Buyer certifies that the above information is correct and complete, and that Buyer is solvent and able to pay within established payment terms. Buyer further understands that Seller will rely on this information for the extension of credit. Buyer authorizes Seller from time to time to obtain Business and Consumer Credit Reports on customer or any principals listed above or to obtain credit and funding information from any other persons or entities. This is not an agreement by Seller to lend money, it is an agreement by Buyer for the benefit of Seller, should Seller determine to supply materials or extend credit to Buyer in the future.
2. Seller may stop the manufacture or supply of any materials when it, in its sole discretion, determines that Buyer is in breach of this Agreement or any other contract with Seller, or Seller has insecurity with respect to Buyer's creditworthiness, until payment is made and any dispute or insecurity has been resolved. Buyer further agrees that Seller shall not, in any event, be responsible for any damage due to delay in supply of any materials.
3. Payment terms vary and are indicated on each invoice. Accounts not paid within terms become subject to credit hold and subject to collection. Buyer further agrees to pay all cost incurred in collection, including attorney's fees , if this account is placed with an attorney for collection, whether suit is filed or not. Buyer expressly agrees to submit to personal jurisdiction inTarrant County, Texas, and agrees that this agreement is performable inTarrant County,Texas, and the forum for any litigation arising out of or related to this Agreement or any other contract between Seller and Buyer, whether Seller or Buyer brings suit, shall be Tarrant County,Texas. This Agreement shall be governed by and construed in accordance with the laws of Texas.
4. Buyer will be responsible for payment on all amounts due under this agreement no matter what person or entity ordered the materials, until such time as the Seller receives written notice terminating agreement. Buyer shall notify Seller in writing of any agent not authorized to purchase under this agreement. Buyer shall also notify Seller of any change in the legal structure of business.
5. As to goods delivered by Seller's truck, title passes upon delivery at the place Buyer receives possession; and, thereafter, all risk of loss or damage, shall be on the Buyer. Deliveries by common carrier are f.o.b. shipping point. On direct shipment from manufacturers, title passes to Buyer at point and time of delivery to carrier; and, thereafter, all risk of loss or damage shall be on the Buyer. Damage or shortage claims arising from direct shipment are to be made by Buyer against carrier. Seller assumes no responsibility beyond delivery to carrier in good order and is not responsible for loss, damage, or delay occurring thereafter. All items shown as freight allowed pertain to particular items and quantities. Any deviation after placement of order, such as changes in quantity or partial release, will be subject to the manufacturer's terms and conditions where applicable. Extra labor or mechanical facilities required to unload shall be provided by Buyer without any cost to Seller.
6. Seller assumes no responsibility for goods meeting any job specifications or requirements unless specifically so stated in its written quotation. Seller extends no warranties, either written, oral, implied or statutory, relating to the goods sold. Any warranties for goods shall be obtained by and through the manufacturer.
7. Buyer agrees that any claims that charges reflected on invoices or statements are inaccurate are WAIVED if the charges are not contested within 30 days of the receipt of such statement or invoice. Normally stocked items in resalable condition will be accepted for credit subject to a 25% restock charge. Goods will not be accepted for return after 30 days from date of delivery. All returned goods must be accompanied by the original invoice and/or cash receipt. Special order items will not be accepted for return until Seller has secured permission and terms of return from Seller's source of supply.
8. I / We warrant that I am/We are authorized in my/our capacity to bind my/our firm accordingly.