QUOTATIONS: All quotations are subject to change without notice and all sales are made subject to strikes, accidents, or other unavoidable delays. Special material may not be cancelled without consent of Seller.
ACCEPTANCE OF ORDERS: All orders are subject to acceptance by Seller. Acceptance by Seller is expressly made conditional upon agreement by Buyer to all terms and conditions as follows. An order being confirmed by a Buyer should be clearly marked (CONFIRMED) accompanied by the date and the signature of the purchasing agent representing the Buyer.
PRICES: Unless otherwise agreed upon, all prices are subject to change without prior notice to reflect the price in effect at the time of delivery. Seller retains the right to revise pricing based on alterations to the order that were not contained in the original order.
CREDIT TERMS: For all accounts that are extended credit, unless otherwise agreed upon, the standard terms are ½% 10, Net 30 Days. Buyer is responsible to pay any and all charges incurred by D. Wexler & Sons, Inc. to collect past due accounts, including but not limited to legal fees, court costs, and collection fees. Seller reserves the right to suspend or change credit terms as stated on Seller’s credit application, or to require partial or full payment of balance due if the Seller deems the financial condition of the Buyer to be questionable.
NSF CHECKS: Buyers will be assessed a $50.00 fee for NSF or uncollectable checks. Buyer is responsible to pay any and all charges incurred by D. Wexler & Sons, Inc. to collect past due accounts related to NSF or uncollectable checks, including but not limited to legal fees, court costs, and collection fees.
TAXES: Any and all taxes which may be imposed by Federal, State, and Local government upon the sale or delivery of the products contained in an order, or any change in such rate, will be reflected in a separate line item found on the quotation, sales order, or invoice. The Buyer must produce a completed certificate of resale (CRT-61)prior to the delivery of materials in order to avoid being charged taxes. The Buyer must provide a completed tax exempt form pertaining to a specific job prior to the delivery of materials in order to avoid being charged taxes for a specific tax exempt project.
DELIVERIES: Shipments are usually made promptly after receipt of order, with the exception of certain processed or special order products. Delivery time and dates are estimations and are not guaranteed. Seller shall not be held responsible for any damages related to delays of shipment arising from casualty, acts of God, governmental regulation, riots, availability of material/supply, availability of transportation, labor issues, embargoes, or any other cause beyond the Seller’s control. Receipt of goods by Buyer shall signify the acceptance of delivery and waive all claims for loss or damage due to delay.
TITLE AND LOSS OR DAMAGE IN TRANSIT: Buyer assumes responsibility for loss and damage once the material is in the possession of the Buyer or the Buyer’s freight carrier.
INSPECTION: Upon receiving material, Buyer shall promptly inspect the products and notify the Seller within 7 days of receipt that the material is not within accord of specifications on shipping documents, otherwise, product is agreed to meet all specifications required. Claims for damaged material should be made immediately with the carrier. Shipping documentation should be marked as being received damaged. Responsibility for damaged material lies with the carrier. All material claimed defective must be held for inspection and disposition.
LIMITED WARRANTY: All material is sold subject to the manufacturer’s standard tolerances and variations. Seller makes NO other warranties, expressed or implied, and specifically excludes all warranties or merchantability and fitness for a particular purpose. We guarantee to replace, with new material, such goods as proved defective within a reasonable period of time. Under no circumstances is the Seller responsible for any damages beyond replacement of material. All material claimed defective must be held for inspection and disposition.
LIABILITY: Seller’s liability on any claim, whether in contract or in tort, and whether due to Seller’s delivery or of non-conforming materials or non-delivery, shall be limited to the replacement or repair of defective or non-conforming materials. Under no circumstances shall the Seller be liable for any claim resulting from the installation, alteration, or repair of non-conforming, improper, defective, or damaged material.
TECHNICAL ADVICE: Any technical advice furnished by us with respect to the use of goods or services is given without charge, and we assume no obligation or liability for the advice given or results obtained. All advice being given and accepted is at Buyer’s risk.
CANCELLATION OR CHANGE: Seller’s consent is required prior to cancelling or modifying an order.
GOVERNING LAW: Buyer and Seller both agree that these Terms and Conditions shall be construed in accordance with and governed by the laws of the State of Illinois.