The offer contains a description of the Services and/or Products offered. The description is sufficiently specified, so that the Client is able to make a proper assessment of the offer. Any information in the offer is only an indication and cannot be a ground for any compensation or dissolution of the Agreement.
Each Order may be accepted by Seller
a. returning to Buyer a signed copy of the Order
b. otherwise acknowledging Seller’s acceptance of the Order in writing (including email and pdf)
c. commencing or promising shipment of the Ordered goods and services in accordance with the terms and conditions of the Order.
Seller should consider all information furnished by Buyer to be confidential and will not disclose any such information to any other person, or use such information itself for any purpose other than performing an Order without first obtaining the written consent of Buyer.
Seller agrees to obtain Buyer’s written approval before subcontracting an Order or any portion thereof; provided however that this limitation will not apply to the purchase of standard commercial supplies or raw materials.
Any sums payable to Seller will be subject to all claims and defenses of Buyer and Buyer may setoff and deduct against any such sums, all present and future indebtedness of Seller to Buyer. Buyer will provide a copy of the deduction taken by Buyer against Seller’s account as a result of any returns or adjustments.
1. render single invoices, or as otherwise specified in an Order, showing Order number, through routing and weight
2. render separate invoices for each shipment within 24 hours after shipment
3. mail invoices to the address shown on the Order.
If and when requested by Buyer, Seller agrees to procure, at Seller’s sole cost and expense, a policy or policies of insurance in form satisfactory to the Buyer wherein Buyer will be named insure, insuring all property on Seller’s premises owned by Buyer against loss or damage resulting from fire (including extended coverage), malicious mischief and vandalism.
Unless otherwise specified, goods are purchased F.O.B. destination. Deliveries will be made as specified, without charge for boxing, crating, storage or any other charges unless otherwise specified.
An Order must not be filled at higher prices than shown on the Order. Seller warrants prices in the Order are as low as any (net) price given by Seller to any other similar customer for like material. Seller will give Buyer benefit of any price declines prior to date of shipment.
Buyer will not be liable nor obligated to pay for goods shipped until received at the “Ship To” location of Buyer indicated on the face hereof and in good condition
Time is of the essence in any Order. The goods and services will be delivered on or before the close of business on the day specified on the Order or according to the schedule thereon stated.
Buyer assumes no liability for material produced, processed or shipped in excess of the amount specified in an Order.
All shippers, consignors, consignees, third party freight forwarders and third party freight brokers are jointly and severally liable for the freight charges relating to a shipment under the Agreement.
No cargo insurance will be purchased or held by Broker unless Broker has agreed otherwise in writing with Customer.
This Agreement is binding and for the benefit of both Broker and Customer and their respective representatives, successors and permitted assigns.