I. Acceptance
The terms of sale apply to all quotations made and purchase orders entered into with Culinex, herein called “the seller.” This acceptance is conditional on buyer’s assent to the terms set out here in lieu of those in buyer’s purchase order. Seller’s failure to object to provisions contained in any communication from the buyer shall not be deemed a waiver of the provisions of this acceptance. An officer of the seller must specifically agree to any changes in the terms in writing before becoming binding on either the seller or the buyer. These terms shall be applicable whether or not they are attached to or enclosed with the products to be sold.
II. Payment
(a) All accounts are C.O.D. unless the customer has been granted an open credit line (NET 30). Accounts that are C.O.D. will be required to put 100% down payment on all purchase orders, this includes regularly stocked items. Accounts that are NET 30 will be required to put 50% down payment on special order (non-stock) items at the time of order and the remaining 50% before delivery. No discounts are authorized. Shipments, deliveries and performance of work shall at all times be subject to the approval of the Seller’s accounting department and the Seller may at any time decline to make any shipments or deliveries or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to such department.
(b) Special orders will require a minimum 50% down payment on all NET 30 accounts.
(c) If, in the judgment of the Seller, the financial condition of the Buyer at any time does not justify continuation of production or shipment on the terms of payment originally specified, the Seller may require full or partial payment in advance and, in the event of bankruptcy or insolvency of the Buyer or in the event any proceeding is brought by or against the Buyer under bankruptcy or insolvency laws, the Seller shall be entitled to cancel any order then outstanding and shall receive reimbursement for its cancellation charges.
(d) All accounts that are past due by 30 days will incur a 1.5% service fee on the total past due. This is equal to an annual percentage rate of 18%. These are not reversible and will not be credited for any reason. If the buyer fails to pay their service fees, the Seller’s accounting department has the right to revoke any special pricing the buyer may have at the time.
(e) In the event any third parties are employed to collect any outstanding monies owed by said business the undersigned agrees to pay reasonable collection costs, including attorney fees, whether or not litigation has commenced, and all costs of litigation incurred.
III. Taxes
Unless otherwise provided herein, the amount of any present or future sales, revenue, excise or other taxes, fees, or other charges of any nature, imposed by any public authority, (national, state, local or other) applicable to the products covered by this order, or the manufacture or sale there of, shall be added to the purchase price and shall be paid by the Buyer, or in lieu thereof, the Buyer shall provide the Seller with a tax exemption certificate acceptable to the taxing authority.
IIII. Cancellations
Buyer shall compensate Seller for all special items not regularly stocked. Restocking fee of 30%-50% on all orders. Orders for custom equipment may not be cancelled unless approved by the seller.
V. Returned Goods
For regularly stocked items and approved non-stock items. No product may be returned unless authorized in writing by Culinex. If return of product is so authorized, buyer shall be required to pay a handling charge and restocking fee of a minimum of 30% on any non-stock item authorized for return. Product must be returned in original factory crate: freight prepaid, and shall not have been used and must be in the same condition as originally shipped by Culinex. No returns for custom jobs.