TERMS AND CONDITIONS
- ORDERS ARE SUBJECT TO APPROVAL BY APPLIED PLASTICS SALES DEPARTMENT AND CREDIT DEPARTMENT.
- ANY ACCOUNT MORE THAN 30 DAYS PAST DUE WILL ACCRUE INTEREST CHARGES AT THE RATE OF 1 1/2 PER MONTH ON THE OUTSTANDING BALANCE UNTIL PAID IN FULL.
- ANY SHIPPING DATES SPECIFIED HEREIN ARE ESTIMATES ONLY AND NOT GUARANTEED. APPLIED PLASTICS SHALL NOT BE LIABLE FOR DELAY OR DEFAULT IN DELIVERY FOR ANY CAUSE BEYOND APPLIED PLASTICS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO GOVERNMENT ACTION, SHORTAGE OF LABOR, RAW MATERIAL, PRODUCTION OR TRANSPORTATION FACILITIES, LABOR DIFFICULTY, FIRE, FLOOD OR ACCIDENT.
- ALL TAXES AND EXCISES OF ANY NATURE WHATSOEVER NOW OR HEREINAFTER LEVIED BY GOVERNMENT AUTHORITY UP ON THE SALE OF ANY GOODS COVERED HEREBY SHALL BE PAID AND BORNE BY BUYER, AND BUYER SHALL INDEMNIFY APPLIED PLASTICS FROM ANY OBLIGATION TO PAY THE SAME.
- DELIVERY OF GOODS BY APPLIED PLASTICS TO CARRIER SHALL BE DEEMED UPON DELIVERY TO BUYER, AND THEREUPON TITLE TO SUCH GOODS, AND RISK OF LOSS OR DAMAGE, SHALL BE BUYERS.
- APPLIED PLASTICS SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF GOODS, OR FROM ANY OTHER CAUSE RELATING THERETO, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, OR LOST PROFITS. APPLIED PLASTICS LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO THE REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF GOODS NOT COMPLYING WITH THIS AGREEMENT, OR AT APPLIED PLASTICS ELECTION, TO THE REPAYMENT OF, OR CREDITING BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH GOODS, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF WARRANTY OR NEGLIGENCE. ANY CLAIM WITH REFERENCE TO GOODS SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING WITHIN 24 HOURS AFTER SHIPMENT IS RECEIVED. APPLIED PLASTICS RESERVES THE RIGHT TO DENY ANY SUCH CLAIMS. BUYER
ACKNOWLEDGES THAT THE REMEDIES HEREIN CONSTITUTE ITS SOLE AND EXCLUSIVE REMEDIES. - ANY COMPLAINT OF ANY KIND MUST BE MADE TO THE SELLER IMMEDIATELY AND UNDER NO CONDITION WILL THE SELLER BE RESPONSIBLE IF THE COMPLAINT IS NOT MADE BEFORE THE MATERIAL IS USED IN CONSTRUCTION OR FABRICATION OR ANY OTHER WAY OR ITS CHARACTER IS CHANGED IN ANYWAY. ALL MATERIAL ON WHICH A COMPLAINT IS MADE MUST BE FULLY PROTECTED AGAINST ALL CONDITIONS THAT WOULD CREATE ADDITIONAL DAMAGE, OR TEND TO INCREASE THE COMPLAINT. CLAIMS ARE SUBJECT TO OFFICIAL INSPECTION.
- APPLIED PLASTICS RESERVES THE RIGHT TO REQUIRE PAYMENT FOR ANY SHIPMENT HEREUNDER IN ADVANCE OR SATISFACTORY SECURITY FOR PAYMENT FROM BUYER IF THE FINANCIAL CONDITION OF THE BUYER BECOMES UNSATISFACTORY TO APPLIED PLASTICS. IF THE BUYER FAILS TO MAKE PAYMENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT OR IF BUYER FAILS TO COMPLY WITH ANY PROVISION HEREOF, APPLIED PLASTICS MAY, AT ITS OPTION. (AND IN ADDITION TO OTHER REMEDIES), CANCEL ANY UNSHIPPED PORTION OF THIS ORDER.
- GOODS CANNOT BE RETURNED, AND ORDERS ONCE ACCEPTED CANNOT BE CANCELLED WITHOUT APPLIED PLASTICS’S PRIOR WRITEN CONSENT.
- BUYERS PURCHASE OF APPLIED PLASTICS PRODUCTS HEREUNDER REPRESENTS ACCEPTANCE OF APPLIED PLASTICS TERMS AND CONDITIONS OF SALE, WHICH CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERCEDE ANY
AND ALL PREVIOUS OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATIONS, OR AGREEMENTS BY EITHER PARY, WHETHER VEBAL, OR WRITTEN. NO TERMS OR CONDITIONS IN ANY WAY ADDING TO, MODIFYING, OR OTHERWISE ALTERING THE PROVISIONS STATED HEREIN SHALL BIND APPLIED PLASTICS UNLESS IN WRITING AND SIGNED AND APPROVED BY AN OFFICER OR OTHER AUTHORIZED PERSON. IN THE EVENT THERE IS A CONFLICT IN THE TERMS OF THIS INVOICE WITH A PURCHASE ORDER OR OTHER DOCUMENT, THE TERMS OF THIS INVOICE SHALL CONTROL. BUYER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS OF THIS INVOICE PRIOR TO PLACING AN ORDER FOR PRODUCTS OR GOODS FROM APPLIED PLASTICS. - APPLIED PLASTICS DISCLAIMS ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES NOT SPECIFICALLY GIVEN HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH BUYER’S PURCHASE OF ANY GOODS UNDER THESE TERMS AND CONDITIONS.
- BUYER AGREES TO PAY ALL COST, INCLUDING REASONABLE ATTORNEY’S FEES INCURRED BY APPLIED PLASTICS IN ENFORCING ITS RIGHTS UNDER THE TERMS OF THIS CONTRACT.
- THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA. BUYER AGREES THAT VENUE AND JURISDICTION OF ANY DISPUTE ARISING FROM THE ORDER, DELIVERY OR USE OF THE GOODS OR PRODUCTS PURCHASED FROM APPLIED PLASTICS SHALL BE IN THE CIRCUIT COURT OF COLBERT COUNTY, ALABAMA OR THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, NORTHWESTERN DIVISION.