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Stuart C. Irby Co. Terms And Conditions Of Sale
The customer acknowledges and agrees to the following terms and conditions of sale:
1. The customer certifies that he qualifies for
the business type as stated on page 2 of the credit application; and further
agrees to notify Stuart C. Irby Co. of any changes which might affect his
liability for sales and/or use tax on any future purchase.
2. The terms of all sales are cash (payable in
US dollars), net of any applicable cash discount as indicated on each invoice,
if paid no later than the date indicated on the invoice. These terms supersede
any that might be stated in the customers purchase order or acknowledgement.
3. If the invoice becomes delinquent, not paid
by the net due date as indicated on the invoice, the seller shall levy a
"service charge" to cover the additional cost of handling the account, in an
amount equal to (1.5%) one and a half percent per month until paid. The
customer fully understands and agrees that this charge is a "service charge"
levied by the seller to reimburse him for the additional cost of carrying his
delinquent account; and further, that such charge is not an interest charge as
such.
4. If it becomes necessary to retain legal or
professional assistance to collect the account, the customer agrees to pay the
cost of all such legal or professional services, including any necessary and
required incidental expenses connected therewith.
5. The customer further agrees that any purchase
is final and that no item purchased from Stuart C. Irby Company, shall be
returned for credit without the approval and acceptance of Stuart C. Irby
Company. All items that are returned are subject to restocking charges.
6. All shipments are F.O.B. point of origin and
Buyer is responsible for all claims with carriers.
7. Stuart C. Irby Co. reserves the right at any
time to revoke any credit extended to the customer if the customer fails to pay
for any shipments when due or if in Stuart C. Irby Co. opinion there is an
adverse change in the customers financial condition. Stuart C. Irby Co. may, at
its option, cancel any accepted order if the customer fails to meet these terms
and conditions.
All warranties on these products are the
manufacturers. THE SELLER, STUART C. IRBY COMPANY, MAKES NO WARRANTIES OF ANY
KIND. In any event, Seller's sole and only responsibility shall be limited to
return of the goods and repayment of the price or to repair and replacement of
non-conforming goods or parts. In no event shall seller be liable for
consequential damages. The Seller, Stuart C. Irby Company, neither assumes nor
authorizes any other person to assume for it any liability in connection with
the sales of this product.
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