TERMS AND PROVISIONS GOVERNING THE PURCHASE AND SALE OF GOODS FROM EMCO INDUSTRIAL PLASTICS, INC.
- No returns will be accepted without a return authorization number issued by a representative of EMCO INDUSTRIAL PLASTICS, INC. The return authorization number must appear on all return paperwork.
- Seller shall not be liable for any delay in delivery of any part of the merchandise due to accidents, strikes, fires, government regulations or other conditions or causes beyond the control of the seller.
- All materials are sold in accordance with tolerances and quality standards as furnished from manufactures.
- Claims of any kind or nature, except for latent defects are specifically barred unless made in writing within 5 days after the receipt of goods and in any event, prior to the altering of goods in any manner from the original condition of delivery. Claims for latent defects are barred unless presented within 30 days after the date of invoice.
- Title passes upon delivery to Carrier, irrespective of party selecting same.
- All shipments, F.O.B. EMCO INDUSTRIAL PLASTICS, INC. at the address note on the front of the invoice unless otherwise specified.
- The purchaser agrees to be responsible for and to pay the Vendor, in addition to the invoice amount any and all costs incurred by seller to collect any unpaid invoiced amounts.
- Unless otherwise instructed in writing by the customer Emco reserves the right to apply the “industry standard” of 10% over-shipment on all custom orders.
- LIMIT OF LIABILITY – The limit of liability of seller for defective merchandise shall be the difference in value on the contract date of delivery, between the goods specified and the goods actually delivered. The limit of liability of Seller for late delivery or non-delivery or any other breach shall be the difference, if any, between the contact price and the fair market price, on the contract date of delivery, of the goods delivered or to be delivered. In no event shall Buyer be entitled to claim any other damages of any nature whatsoever or any consequential damages, and in no instance shall damages include profit on contemplated use or profit of any description.
- WARRANTIES – Seller makes no warranty of fitness of goods sold hereunder for any specific purpose of their merchantability or end use unless otherwise expressly stated herein and in the absence thereof Buyer undertakes the complete and entire responsibility of ascertaining whether the goods purchased hereunder meet the requirements or are suitable for Buyer’s intended use.
No claims allowed unless made within 10 days from date of shipment. Returned goods will not be accepted without seller’s written authorization. No claims allowed on cut merchandise. The seller makes no warranty of the fitness of the goods for a specific purpose unless otherwise stipulated herein and/or in our contract. Seller represents that with respect to the production of goods and/or performance of services covered by this invoice, they have fully complied with the Fair Labor Acts, as amended.