Terms and Conditions
ON-SITE SYSTEMS, INC. is referred to, as SELLER, The CUSTOMER, shown on reverse side hereof, is here in after called the CUSTOMER. In consideration of the SELLER selling or leasing to the CUSTOMER on open account or on other terms, the SELLER and CUSTOMER agree as follows:
- CUSTOMER to pay all expenses and fees for collection or enforcement hereof, including attorneys fees of not less than 15% of customers account debt, or a reasonable attorney fee, whichever is greater, if account is placed with counsel. Service charges accrue on CUSTOMERS past due account at the rate of 1.5% per month. CUSTOMER hereby submits to the jurisdiction of the Courts of the State in which the seller has its principal place of business, which states laws shall govern this agreement.
- Venue for any action hereon, by any of the parties hereto, or in connection herewith shall be in the County in which the SELLER has its principal place of business.
- Anyone, at the CUSTOMERS place of business who receives SELLERS goods or who picks up goods for CUSTOMER, wherever SELLER delivers same or causes same to be delivered; or where CUSTOMER is carrying on a business activity, is conclusively presumed to be the agent of the CUSTOMER for the receipt of said goods for the CUSTOMER. The SELLER retains interest on the goods sold to the CUSTOMER and the proceeds from the sale thereof until the goods are paid for; and the CUSTOMER hereby empowers and appoints the SELLER to sign in behalf of the CUSTOMER a UCC-1 Financing Statement for filing, to perfect SELLERS lien interest in the goods sold. CUSTOMER also empowers and appoints SELLER with the same powers for equipment leased by SELLER to CUSTOMER. The word goods includes equipment. Also, SELLER is granted a lien in goods it performs services upon and furnishes parts for.
- DISCLAIMER: SELLER SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN DELIVERY OF GOODS OR EQUIPMENT SOLD OR LEASED, OCCASION BY LABOR DISPUTES, FORCE MAJEURE OR OTHER CAUSES BEYOND SELLER'S CONTROL NOR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OF CONTRACT AS DEFINED IN THE UNIFORM COMMERCIAL CODE, RELATIVE TO SAID SALE OR LEASE. THE GOODS SOLD ARE WARRANTED TO BE FIT FOR THE PURPOSE FOR WHICH IT IS INTENDED, BUT THE SOLE LIABILITY OF THE SELLER IS TO EITHER REFUND THE PURCHASE PRICE OR LEASE PAYMENT FOR THE GOODS OR LEASED EQUIPMENT PRO RATE; OR, REPLACE OR REPAIR GOODS SOLD OR EQUIPMENT LEASED. THE OPTION FOR THE AFOREMENTIONED IS SOLELY IN THE SELLER. THERE ARE NO OTHER WARRANTIES, CLAIMS SHALL BE DEEMED WAIVED UNLESS MADE IN WRITING TO THE SELLER WITHIN 10 DAYS OF DELIVERY OR OCCURRENCE OR DEFAULT.
- This agreement is not subject to oral cancellation or change. If oral cancellation or change is claimed, such must be in writing and signed by the parties to be charged, with ten (10) days from the alleged date of change or cancellation, otherwise change or cancellation shall be conclusively deemed as waived.
- All notices relative hereto shall be in writing and sent by Registered Mail or Certified Mail, Return Receipt Requested and shall be deemed received by CUSTOMER upon mailing whether or not received. Notices to SELLER shall not take effect until received by SELLER.
- Each paragraph of this agreement shall be severable and shall survive any paragraph deemed legally unenforceable, void or invalid.
- Custom or Special order items require prepayment prior to shipping. Custom or special order items are items that are made to customers approved specifications and are non-stocking items.
- It is the customer's responsibility to open the package and inspect the items upon delivery. Packages that appear to be damaged should be noted on the delivery receipt and immediately reported to SELLER. Shipping carriers will not honor late claims.
- We must be notified of all claims within 7 days of delivery date of your order. You must call us first to obtain authorization for a return. We will give you instructions on how to ship the return. Do not return items without prior authorization. We will not accept shipments to us without a confirmed return authorization. If you are instructed to ship your return prepaid, the items must be shipped back within 10 days and insured for its full value. All items authorized for return must be carefully packaged in its original carton including all packing material Shipping charges are non refundable. Refused merchandise at time of delivery may incur return freight charges.
- Absolutely no returns will be accepted after 30 days.
- DISCLAIMER OF IMPLIED WARRANTIES FOR ALL PRODUCTS: SELLER INC. MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE PRODUCTS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF USE, OR ANY OTHER MATTER. In particular, SELLER assumes no responsibility for glass breakage, improper usage, failure of products on account of faulty installation or building construction or design, improper handling, customer processing or fabrication (including application of coatings, films, etc.) or failure to follow SELLER instructions regarding the products. No distributor, representative agent or employee has the authority to alter or change any product warranty, either orally or in writing. SELLER shall not be liable for any allegedly defective product unless SELLER first has the right to inspect such product and verify the defective condition.
- SUITABILITY OF PRODUCTS: The Customer shall be solely responsible for determining the suitability for use of the products purchased from SELLER.
- PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES: Except in the particulars specified by Customer and expressly agreed to in writing by SELLER, all material shall be produced in accordance with industry standard practices. All material, including that produced to meet exact specifications, shall be subject to tolerances and variations consistent with usages of the trade and regular factory practices concerning dimension, weight, straightness, section, composition and mechanical properties, normal variations in surface, internal conditions and quality and deviations from tolerances and variations consistent with practical testing and inspection methods.
- CHANGES IN ORDER: SELLER reserves the right to void any quotation for price or terms in the event the customer to whom such quotation is made changes his order with respect to any factor reflected in price or other terms originally ordered or quoted.
- FORCE MAJEURE: Shipment of goods is contingent upon strikes, work stoppages, accidents, production delays, shortages, acts of God, delays of carriers or priorities of government or any department or subdivision thereof or any other manufacture or shipment of the goods in accordance with the terms of this contract or its established practices and procedures.
- WE ASSUME NO RESPONSIBILITY FOR BREAKAGE IN TRANSIT: Breakage on arrival should be noted on Bill of Lading and customer must notify SELLER within 24 hours so a proper freight claim can be filed PROMPTLY with carrier.