Buyer Consents to the Following Terms and Conditions. Advanced Wire Group Corp. or any of its subsidiaries or affiliates ("Seller") acceptance of Buyer's orders is expressly made conditional on Buyer's assent to these terms and conditions. The terms and conditions set forth on this invoice, credit application, and or order confirmation supersede the terms and conditions of the Buyer's purchase order(s) and will govern all transactions between the Buyer and the Seller. Any transactions between Seller and resellers of products/merchandises shall be deemed "Merchants" under California Commercial Code and such Buyer shall be required to present a copy of its current Seller's Permit.
Delivery, Pricing & Payment. Buyer shall be responsible for all packaging charges, transportation, delivery and insurance charges, taxes and all other charges of similar nature or effect. Buyer shall pay in full for all merchandise prior to shipping. Payments made by personal, business or traveler's checks must indicate the driver's license number. Seller will not accept any post-dated checks. Net Term buyers are to be verified by buyer's credit application and based on the applications terms and agreements.
Default. If Seller undertakes collection or enforcement efforts, Buyer shall be liable for all costs. It is understood that should the Buyer become delinquent in payment, no further credit will be extended and the Seller will charge the Buyer a past due service charge at the rate of one and one half percent (1.5%) a month with a 18 % annum, collection agency fees in the amount of 30%, an or reasonable attorney fees, and all other costs and expenses which may be incurred by the Seller in the enforcement of the terms and conditions set forth on this invoice, credit application, and or order confirmation. Any returned check(s) will be charged back to the Buyer, and a $25.00 handling fee will be charged to the Buyer. If the Buyer's account is insured and the Buyer's account is turned over to a receivable insurance company for a claim, Seller can also charge the client an additional 30% of the principal amount due which is in default. It is understood that these charges are a reasonable estimation of the damages Seller will incur upon Buyer's default.
Refunds & Returns. All returned merchandise is non-refundable. Return items must be returned in good saleable, unused condition in its original packaging within 30 days from the date of invoice for Buyer to receive 100% store credit. The Seller will charge the Buyer a 20% restocking fee for any returned merchandise(s)/product(s). Shipping costs are non-refundable.
Special Orders. Buyer will deposit at least a 30% deposit for all special ordered product(s)/merchandise(s). Seller will not accept any returns for any special ordered product(s)/merchandise(s).
Acceptance and Rejection. Buyer shall inspect the goods upon purchase or arrival and if the product(s)/merchandise(s) fail in any condition, quality, or grades of the goods respect to conform, including without limitation damage, error or shortage, Buyer shall exercise its right to rejection no later than 7 days after receipt of the merchandise by returning such merchandise to Seller at the address indicated on the invoice. Such rejection period shall be extended to 14 days for Buyer(s) outside of California. Buyer's failure to inspect the merchandise(s)/product(s) and to notify Seller of rejection by returning such merchandise to Seller within the time period shall constitute a irrevocable acceptance of the goods by Buyer. Buyer's failure to reject merchandise(s)/product(s) as described above constitutes acceptance of the merchandise(s)/product(s).
Warranty. Seller warrants that the goods sold hereunder are new and free from substantive defects in workmanship and materials. Seller's liability under the foregoing warranty is limited to replacement of good or repair of defects or refund of the purchase price at Seller's sole option. No other warranty, express or implied, is made by Seller, and none shall be imputed or presumed.
Exclusion of Implied Warranties. The buyer recognizes that implied warranties of merchantability and fitness for any particular purpose and all other warranties implied are excluded from any transactions between Buyer and Seller and shall not apply to the merchandise(s)/product(s) sold by the Seller. Seller shall also not be liable for any consequential damages. No oral or written information or advice given by the Seller, its Agents or Employees shall create a warranty. Seller's and Buyer's maximum liability to the other is limited to the purchase price buyer paid for merchandise(s)/product(s) plus interest as allowed by law. Neither Buyer nor Seller is liable to the other if Buyer or Seller are unable to perform due to events buyer or Seller are not able to control such acts of Nature or for property damage, personal injury, loss of use, interruption of business, loss profits, loss data or other consequential, punitive or special damages however caused whether for breach of warranty, contract, tort including negligence, strict liability or otherwise other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
Seller reserves the right to refuse service to any Buyer.