Magnum Venus Plastech CB-8000-xxx Resin Monitor - Manual (Page 44)

INSTALLATION AND OPERATIONS MANUAL CB-8000-XXX
MAGNUM VENUS PLASTECH REV 1.05
APRIL 2013 PAGE 3
Terms & Conditions of Sale
1. ACCEPTANCE: Acceptance of any purchase order from a customer or potential customer (“Buyer”) is subject to credit approval by GSSC, Inc. (“Seller”), acceptance of the
purchase order by Seller and, when applicable, any manufacturer, vendor, or other third party that provides goods to Seller for resale to Buyer (“Vendor”). If Seller, in its sole
discretion, determines that Buyer's credit becomes unsatisfactory or it has reasonable grounds for insecurity, Seller reserves the right, upon notice to Buyer, to demand
adequate assurance of due performance from Buyer and/or terminate any purchase order with no liability to Seller. BY REQUESTING A QUOTE FROM SELLER, ACCEPTING AN
INVOICE FROM SELLER, OR PRESENTING A PURCHASE ORDER TO SELLER, BUYER CONFIRMS THAT THESE TERMS & CONDITIONS SHALL GOVERN ALL PURCHASES OF PRODUCTS OR
MATERIALS PROVIDED TO BUYER BY SELLER (“GOODS”). GOODS SOLD BY SELLER ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN AND ANY
DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS SET FORTH IN A PURCHASE ORDER OR SIMILAR COMMUNICATION RECEIVED FROM BUYER ARE OBJECTED TO
AND SHALL NOT BE BINDING UPON SELLER UNLESS SPECIFICALLY AGREED TO IN WRITING BY AN AUTHORIZED CORPORATE OFFICER OF SELLER.NO SELLER
EMPLOYEE OR AGENT HAS THE AUTHORITY TO MODIFY THESE TERMS & CONDITIONS VERBALLY. SELLER OBJECTS TO AND REJECTS ANY TERMS BETWEEN BUYER AND ANY OTHER
PARTY, AND NO SUCH TERMS, INCLUDING BUT NOT LIMITED TO ANY GOVERNMENT REGULATIONS OR “FLOWDOWN” TERMS, SHALL BE A PART OF OR INCORPORATED INTO ANY
PURCHASE ORDER FROM BUYER TO SELLER, UNLESS AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
2. PRICES AND TAXES: Buyer agrees to pay the prices quoted by Seller or listed on any related invoice, and is responsible for additional applicable shipping and handling
charges, taxes, duties, and charges for import and export licenses and certificates. All prices quoted by Seller are subject to change without notice. Seller will generally collect
applicable taxes along with the purchase price unless Buyer submits a valid tax exemption certificate, and indicates which Goods are covered by it. Prices on special-order Goods
may be subject to change before shipment. In order to be corrected any discrepancies in pricing and/or quantities on invoices must be reported by Buyer within thirty (30) days
of the invoice date.
3. PAYMENT: Payment terms are 30 days net from the invoice date or upon such other terms approved by Seller in writing. Retainage shall not apply, and Buyer shall not hold back
any retainage from Seller, even if retainage is part of any contract between Buyer and any other party. Payment is not contingent on Buyer’s ability to collect or obtain funds from any
other party. Credit card sales are billed at the time of purchase. Buyer expressly represents it is solvent at the time it places any purchase order with Seller. Seller, in its sole discretion, may
determine that Buyer’s financial condition requires full or partial payment prior to manufacture or shipment. If Buyer fails to make any payment when due, Seller reserves the right to
suspend performance. Buyer agrees to pay a charge on all amounts past due at the rate of 1 ½% per month (18% per year) or the maximum lawful rate, whichever is less. In the event of
non-payment, Buyer agrees to pay Seller’s reasonable attorney fees and court costs, if any, incurred by Seller to collect payment, and all applicable interest charges. Seller may apply
payments to any outstanding invoices unless Buyer provides specific payment direction.
4. TITLE AND RISK OF LOSS OR DAMAGE: As to Goods delivered directly by Seller, title passes upon delivery at the place Buyer receives possession; and, thereafter, all risk
of loss or damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Buyer takes title and assumes responsibility for risk of loss or damage at the point of
shipment for such sales. Claims for Goods damaged in transit are Buyer’s sole responsibility when not delivered directly by Seller.
5. QUOTATIONS: All quotations expire thirty (30) days from the date of the quotation unless otherwise noted on the quotation. This time limit applies even if Buyer uses the
quotation to submit a job or project bid to any other party.
6. ASSIGNMENT: The Buyer’s rights and responsibilities under any purchase order or these Terms & Conditions shall not be assigned by Buyer without the express written
consent of the Seller.
7.
RETURN OF GOODS: Permission to return items must be requested and granted in advance. No credit will be given if items are returned prior to requesting
and receiving permission. Subject to the foregoing, Seller shall accept returns of Goods for any reason for a period of thirty (30) days following shipment for exchange or refund of the
purchase price; provided, that such Goods must be unused and are subject to a 15% restocking charge, which may be increased or decreased, in the Seller’s sole discretion, depending on the
reason for such return. Any Goods which were special ordered by Buyer are may not be returned, and any such Goods which are returned are subject to a restocking/cancellation fee of 100%
of the cost of the Goods. Goods shall be deemed accepted by Buyer (and cannot thereafter be returned), if Buyer fails to object to the Goods within thirty (30) days
after the Goods are received by Buyer.
8.
CANCELLATION: The Buyer may cancel any purchase order prior to shipment of the Goods by mutual agreement of the parties and upon payment to Seller of
reasonable and proper cancellation charges.
9.
TERMINATION: Seller may terminate the whole or any part of any purchase order if there is a material breach of these Terms & Conditions. In the event of any such breach, the
Seller will provide Buyer with written notice of the nature of the breach and the Seller’s intention to terminate for default. In the event Buyer does not cure such failure within ten (10)
days of such notice, Seller may, by written notice, terminate the purchase order; provided, that Buyer shall continue its performance to the extent not terminated.
10.
CHANGE IN BUYER’S FINANCIAL CONDITION: Seller reserves the right to cancel any order or to require full or partial payment in advance without liability to
Seller in the event of: (i) insolvency of the Buyer; (ii) the filing of voluntary petition in bankruptcy by Buyer; (iii) the appointment of a Receiver or Trustee for the
Buyer; (iv) the execution by Buyer of an assignment for benefit of creditors; or (v) past due payment on previous shipments to Buyer by Seller. Seller reserves the
right to cancel Buyers credit at any time for any reason.
11.
INTERPRETATION RESPONSIBILITY; PRODUCT USE AND SAFETY: Seller does not guarantee that the Goods it sells conform to any plans and specifications or intended
use. When plans and specifications are involved, Buyer is solely responsible for verifying Seller’s interpretations of such plans and specifications, and it is Buyer’s sole
responsibility to assure that Seller’s Goods will be acceptable for any specific job. When Seller offers substitute Goods on any proposal, Buyer is solely responsible for confirming
their acceptability.
12.
DELIVERY: Shipping dates given in advance of actual shipment are approximate and not guaranteed. All contract dates and timelines begin upon receipt by Seller of a
purchase order, Buyer’s acceptance of these Terms & Conditions, and the payment of any required down payment.