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| CONDITIONS OF SALE
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All sales of goods by Kold Pack Inc., or through their designated representatives (hereinafter referred to as "The Seller") are made subject to the terms and conditions appearing herein. 1. Conditions of Sale Acceptance of orders from buyers are subject to acceptance by the seller at its Jackson, Michigan plant. These conditions of sale shall govern and control all orders accepted by Kold Pack or their representatives. No terms or conditions appearing in the buyer's order that are contrary to the sellers terms and conditions shall be binding upon the seller unless specifically agreed to in writing by an officer of Kold Pack. No representative or agent shall have the authority to abrogate or change any part of these conditions of sale, nor to obligate the company for cost of any kind whatsoever, without written permission from an officer of Kold Pack. 2. Prices and Terms of Payment
Terms of Payment - Unless other terms are specified, payment shall become due 30 days from date of invoice. If shipment is delayed by the buyer, date of readiness for shipment shall be deemed to be date of invoice for payment purposes. If manufacture is delayed by the buyer, payment shall be made within 30 days from the date of the commencement of such delay, in an amount determined by the purchase price and percentage of completion of the order; the balance shall be payable within 30 days from date of invoice or readiness for shipment, as the case may be. All accounts not paid when due are subject to service charge of 1 1/2% per month. If, in the seller's judgment, the buyer's financial condition at any time does not justify the terms specified, the seller may require full or partial payment as a condition to commencing or continuing manufacture or in advance of shipment, or if shipment has been made, recover equipment from the carrier. Taxes- Any tax or other governmental charge now or hereafter levied upon the production, sale, use or shipment of goods ordered or sold will be charged to and paid for by the buyer. Such taxes are not covered in the sellers price unless expressly so stated on the quotation form. Freight- Prices are F.O.B. shipping point unless otherwise quoted in writing. 3. Delivery All delivery dates given by the seller are approximate and are estimates only, not promises and are contingent on fires, strikes, accidents, embargoes and other cause beyond the seller's control. While ever effort will be made to meet estimated delivery dates, the seller accepts no liability for loss of profit, consequential, or other damages caused b delay in delivery or failure to deliver. The seller has no obligation to deliver goods against any order unless and until has accepted the order by issuance or its acknowledgement of order. The seller assumes no responsibility beyond delivery to carrier in good order and is not responsible for loss, damage, or delay, occurring thereafter. The seller will cooperate in every way possible in expediting goods in transit, or in aiding the purchaser in case of loss or damage. All claims for loss, damage or delay, should be made by the consignee against the carrier. 4. Cancellations Cancellation of an order will be accepted by the seller subject to cancellation charge for time and materials. 5. Returns Returns to us must be authorized in writing by us. Such returns to be transportation charges prepaid and shall be subject to our inspection on arrival. Any credit issued will be less restocking charge as determined by Kold Pack. 6. Patents Goods manufactured and sold by the seller may be used by the buyer pursuant to such patent rights as the seller has, and such goods do not, in and of themselves, infringe any unexpired U.S. patent; but the seller shall not be liable for any use to which any such goods may be put as part of any system, mechanism or process covered by patent rights of others. |
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