Terms and Conditions of Sale
- PAYMENTS - Payments to be made to Jaeckle Wholesale, Inc. Accounts subject to collection costs and 18.0% intererest if not paid when due. Any returned check will automatically result in loss of cash discount, plus 1.5% per month past due charge and $25.00 service charge. In case of any lawsuit against, or insovency of purchaser, or any change of ownership, or purchaser's general property, all accounts and bills shall immediately become due and payable. All legal fees involved in such lawsuits shall be payable by the purchaser with the proper venue to be at Fairfield, CA.
TERMS - No discount is allowed on freight or taxes. Interest charged at 1.5% per month on past due accounts (18.0% annually).
SELLER may stop delivery at any time in the event seller in its sole discretion has any doubt as to buyer's willingness or financial ability to meet the above terms, and SELLER may require cash on or before delivery or other assurance of payment.
- PRICE CHANGES - SELLER reserves the right to increase the prices(s) set forth in the acknowledgement in the event SELLER'S supplier(s) increase the price(s) to SELLER for the type of material covered herby. SELLER will make every effort to fill all orders for which delivery is called for within 30 days of the date of this acknowledgement at the price(s) set forth herein despite increases by SELLER'S suppliers.
- CONTINGENCIES - Delay or failure of SELLER to perform any contract in accordance with its terms shall be excused if caused by fire, flood, differences with workmen, riot, insurrection, war, act of any governmental authority, inability or failure of SELLER's supplier(s) to make deliveries, act of God, or any cause beyond the control of SELLER whether the same or different from those set forth above.
- WARRANTY - The goods sold hereunder are warranted to be free from defect in material and workmanship. All other warranties, express or implied, including any implied warranty that the goods shall be fit for a particular purpose, are hereby excluded. Defective goods may be returned to SELLER after inspection by SELLER and upon receipt of definite instruction from SELLER. Goods so returned and found to be devective will be replaced or repaired without charge, but SELLER shall not be liable to BUYER or any other person for loss or damage directly or indirectly arising from the use of the goods, from breach or any warranty or from any other cause, the exclusive remedy against the SELLER being to require replacement or repair of devective goods.
- CLAIMS - Claims for shortage or damage must be made in writing at time of delivery.
- SALES TAX - Any Governement or State sales tax hereafter imposed to be borne by the purchaser.
- NO RETURNS without prior written approval. All approved returns subject to a restocking fee up to 25% plus any handling or freight charges. Defective material claims must be handled in accordance with current policies and are limited to those warranties of the manufacturer. Freight damage must be filed directly with the carrier.