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C
& G Containers, Inc. TERMS and CONDITIONS OF SALE AND PRODUCT(S)
I.
ACCEPTANCE. All sales are subject to and expressly conditioned
upon the TERMS and CONDITIONS herein. No variation of these TERMS and
CONDITIONS will be binding upon seller, (dba as C & G Containers,
Inc., C & G Containers and Scientific Supplies, C & G Pre-Clean
Division) unless agreed in writing and signed by an officer or an authorized
representative of seller. If these TERMS and CONDITIONS are not acceptable
to Buyer in whole or part, Buyer must notify Seller within four business
days in print.
II.
TERMS, DELIVERY,
DELAYS. Unless agreed
upon in writing, payment terms are net 30 days from the date of invoice.
F.O.B. shipping point, freight prepaid and added. All prices are subject
to change without notice. Clerical and computer errors are subject to
corrections. IF financial condition of Buyer results in the insecurity
of Seller, in its sole discretion, as to the ultimate collectibility
of the purchase price and taxes as applicable, Seller may, without notice
to Buyer, delay, or postpone the delivery of goods and Seller at its
option, and is authorized to change the terms of payment to payment
in full or in part in advance of shipment or delivery or pickup of the
entire undelivered balance of said goods. Buyer agrees to pay all costs,
including but not limited to, reasonable attorney and accounting fees
and other expenses of collection resulting from any default by Buyer
in any of the terms hereof. All risk of loss or damage during shipping
shall be borne by Buyer. All risk of loss or damage after receipt of
goods shall be borne by Buyer. Buyer may request but Seller reserves
the right, in its discretion, to determine the exact method of shipment
or delivery. Seller reserves the right to make delivery in installments,
all such installments to be separately invoiced and paid for when due
per invoice, without regard to subsequent deliveries. Delay in delivery
of any installment shall not relieve buyer or Buyer’s obligation to
accept remaining goods delivery. Immediately upon Buyer’s receipt of
any goods shipped or received hereunder, Buyer shall inspect the same
and shall notify Seller immediately and in written form within four
business days for any claims for shortages, defects or damages and shall
hold the goods for Seller’s verbal and written instructions concerning
disposition. Seller shall not be liable for any loss, damage or penalty
as a result of any delay in or failure to manufacture, deliver or other
wise perform hereunder due to any cause beyond Seller’s reasonable control,
including, without limitation, strikes or labor difficulties, acts or
omissions of any governmental authority or Buyer, accidents, insurrection
or riot, fires, floods or other acts of God, breakdowns of essential
equipment, priorities, embargoes, shortages, delays in transportation
or inability to obtain necessary labor, fuel, materials, supplies or
power at current prices or from unusual sources.
III.
ALLOCATION OF
GOODS. If seller is unable for any reason to supply
the total demands for goods specified in buyers order, Seller may allocate
its available supply among any and all buyers on such basis as Seller
may deem fair and practical, without liability for any failure of performance
which may result therefrom.
IV.
TAXES and OTHER
CHARGES. Any use tax, sales tax,
excise tax, or any other tax, fee or charge of any nature whatsoever
imposed by any governmental authority, on or measured by the transaction
between Buyer and Seller, shall be paid by Buyer in addition to the
prices quoted or invoiced.
V.
WARRANTY. Seller makes no warranties regarding goods or component
parts whether oral, written, express, implied or statutory, including
any information provided by Technical or Sales representatives in marketing
literature, directions for use, or any information enclosed or included
with products. Implied warranties of fitness and merchantability shall
not apply. Seller’s warranty obligations and Buyer’s remedies are solely
and exclusively as stated herein. Furthermore, Seller specifically disclaims
any warranties relating to product quality. Seller does not warrant
that the use of goods or products sold by C & G Containers Inc.
will results in compliance with any State or Federal regulation or code.
VI.
LIMITATIONS OF
LIABILITY. In no event shall seller
be liable for anticipated profits, incidentals, special or consequential
damages, including, but not limited to damages for loss of revenue,
down time, personal activities, remobilization, heavy equipment, resampling,
costs of capital, service interruption or failure of supply, any liability
of Buyer to a third party, or for labor, overhead, transportation, substitute
supply services or any other expense, damage or loss, including personal
injury or property damage. Seller’s liability on any claim of any kind
shall be replacement of such goods or refund of the purchase prices
and applicable taxes. Seller shall not be liable for penalties of any
description whatsoever. In the event the product(s) will be utilized
by Buyer on behalf of a third party, such third party shall not occupy
the position of a third party beneficiary of the obligation or warranty
provided by seller, and no such third party shall have the right to
enforce same. All claims must be brought within one (1) year of shipment,
regardless of their nature and intent. Seller is not responsible for
use of or any damage caused by fire, corrosion, ingestion, spillage
decay, or leakage of any kind, or contact with skin, eyes, and other
body parts including clothing.
VII.
RETURNS. Written authorization must be obtained from the seller
prior to returning any goods. Buyer shall strictly comply with the Seller’s
return shipment instructions. Return goods will be subject to a restocking
and/or disposal fee as applicable.
VIII.
TECHNICAL ASSISTANCE. At Buyer’s request, Seller may at Seller’s
discretion furnish technical assistance and information with respect
to Seller’s products. Seller makes no warranties of any kind or nature,
express or implied warranty of merchantability or fitness for a particular
purpose with respect to technical assistance or information provided
by Seller or Seller’s representatives. Any suggestion by Seller regarding
use, selection, application, and suitability of products or supply shall
not be construed as an express warranty of any kind unless specifically
designated as such in a writing signed by an officer of the Seller.
IX.
Miscellaneous. Seller’s
failure to strictly enforce any item or condition of an order or to
exercise any right arising hereunder shall not constitute a waiver of
Seller’s right to strictly enforce such terms or conditions or exercise
such right thereafter. All rights and remedies with respect to any order
are cumulative and are in addition to any other rights and remedies.
Seller may have at law or equity. Any waiver of a default by Buyer hereunder
shall be in writing. If any provisions of these agreed upon terms and
conditions should be held to be invalid, illegal or unenforceable, the
validity, legality, enforceability of the remaining provisions shall
not be affected or impaired thereby. The paragraph headings herein are
for convenience only; they form no part of the Terms and Conditions
and shall not affect their interpretation. This agreement and the Terms
and Conditions herein shall be binding upon, inure to the benefit of
and be enforceable by the parties hereto, and their respective heirs,
personal representatives, successors and assigns.
X.
GOVERNING LAW. All disputes
relating to the terms hereof, performance of this order or any other
claim related to Seller’s goods shall be governed by the laws of the
State of Louisiana; provided, however, construction shall be without
regard to any rule or presumption requiring construction against the
party causing this agreement to be drafted. Buyer and Seller agree that
any dispute arising between them which results in either party instituting
court proceedings that such action will be maintained in the courts
of Lafayette Parish, Louisiana.
C & G Containers, Inc. 152 Easy Street Lafayette, LA 70506 www.cgcontainers.com Phone: (337)-237-7123 (800) 396-7123 Fax: (337) 237-8712 |