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