(hereinafter “Customer") from US Polymers Inc. (hereinafter "Supplier”) will be paid to Supplier on the following Terms and Conditions:
Terms
All orders are subject to acceptance by the Supplier in its sole and absolute discretion. Orders accepted only by written confirmation from Supplier.
Pricing
All prices are subject to change without notification. All prices are net. All payments are to be made to US Polymers Inc. in US dollars at U.S. Polymers, Inc. (Drawer # 3154; P.O. Box 5935; Troy, MI 48007-5935) in immediately available funds, US dollars only.
Bad Checks
A service charge of $45.00 will be applied on returned checks.
Non-Conforming Goods
Customer assumes full responsibility of all goods when goods are received and signed for. Notice of damaged, defective or non-conforming goods must be given by Customer in writing within 10 days (5 days in the case of damaged goods) after Customer’s receipt of materials in all cases. Supplier reserves the right to require photographic proof for all non-conforming goods. Customer’s responsibility for the payment of any order shall not be released simply because Customer rejects the order, refuses to accept shipment, stops payment on a check or changes the nature of the order.
Order Preparation & Shipping
Once the order is prepared, the Customer will be charged for canceling it. Customer is responsible for freight charges for returning product.
Returns
No returns of custom-manufactured goods will be accepted. Goods in new condition may be returned within 30 days of purchase only. All returns and credits must be pre-authorized in writing, and include a returned goods authorization number. No returned goods will be accepted without authorization and freight charges must be prepaid. Goods returned for credit must show invoice number. Credits will be issued on returns and apply to future purchases only. Standard restocking fees will apply on all returns.
Restocking Charge
Supplier’s customary handling or restocking charge, 25%, will be imposed on all goods returned unless due to error caused by Supplier.
Lead Times
Company shall use its best efforts to fulfill orders in the specified lead times for products. Lead times are only estimates, are indicated on sales order confirmations, and may vary from time to time. All lead time estimates commence from the date after any issues or questions have been resolved on orders.
Litigation
In the event of any litigation arising out of this agreement, Supplier shall be entitled to recover its reasonable costs and expenses incurred including attorney’s fees.
State Laws
This purchase agreement shall be governed by the laws of the State of California.
Venue and Jurisdiction
Customer agrees that any suit, action or proceeding arising out of or relating to the interpretation, performance or breach of these Terms and Conditions, shall be instituted in the Superior Court of the State of California located in Los Angeles County, and Customer irrevocably submits to the jurisdiction of those courts in waves any and all objections to jurisdictions or venue that it may have under the laws of California or otherwise in those courts in any such Terms, suit, or proceeding.
Remedies
Supplier and Customer have all remedies afford to each by the uniform commercial code.
Limited Warranty
By Customers signature below Customer acknowledges that it has read and agrees to be bound by the Terms of Supplier’s Limited Warranty on purchased product.
Limitation of Liability
Supplier is not liable for indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss or profits or investment or the like) whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Supplier or its agents have been advised of the possibility of such damages. All orders, whether verbal or in writing, received by Supplier create a custom order for the Customer.
Amendment and Waiver
These Terms and Conditions may be amended, modified or supplemented only by a writing executed by Supplier. Supplier may in a writing waive any provision of these Terms and Conditions to the extent search provision is for the benefit of the waiving party. No action taken by Supplier shall be deemed to constitute a waiver by Supplier or any provisions hereof.
Receipt of a Copy
Customer hereby acknowledges the receipt of a copy of this Agreement at the time of its execution.
