Standard Terms & Conditions of sale
The sale of goods described as "Goods" is made on the express condition that Buyer assents to the promises, terms, and conditions set forth below, whether or not they are additional to or different from any terms and conditions proposed by Buyer. Meyer Wire & Cable Company objects to Buyer's additional or different terms.
The Goods will be delivered FOB place of shipment. Unless otherwise specified on Buyer's order, shipment may be made by the method or carrier deemed most feasible by Meyer Wire. Title to the Goods shall remain with Meyer Wire until payment is made in full by Buyer. Such reservation of title is for the purpose of securing the purchase price and shall not relieve Buyer of the duty to inspect the products upon receipt; to notify Meyer Wire of any deficiencies or defects, and to exercise due care in the use, installation, operation and maintenance of the Goods when on the premises of the Buyer or under control of the Buyer..
Delivery dates given in acceptance of an order are approximate. Meyer Wire shall not be liable for delays in delivery or performance due to causes beyond its reasonable control including acts of God, acts of Buyer, or acts of civil or military authority, fires, strikes, or other labor disturbances, war, riot or delays in transportation.
Risk of Loss
After delivery of the Goods to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, wether or not the products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer's favor, and whether or not Buyer rightfully revoked acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder.
Meyer wire warrants only that the Goods conform to Meyer Wire's published specifications, if any, and the description on the face hereof. This warranty is in lieu of all other warranties, expressed or implied, including any warranty with respect to non-infringement of the patent rights of others or any implied warranty of merchantability or fitness of use.
The Seller reserves the right to ship and invoice the Buyer for quantities within plus or minus five percent of the original quantity ordered.
Cancellation and Delay
Orders shall not be canceled, nor shall the Buyer cause the work or shipment to be delayed, except with the consent, and upon the terms and conditions approved by Seller in writing. Said terms shall include payments for all work in progress, goods identified to the order, raw materials and labor expended in filing the order.
All orders will be filled in accordance with standard specifications, identified by the Seller, or in accordance with latest specifications approved by Buyer in writing. Minor variation by the Seller in the detail of design or construction shall not give rise to any claim of defect or default. The Seller reserves the right to make such minor changes in details of design and construction as shall, in its judgement, constitute an improvement over those set forth and described in the original specification.
Returned Goods Authorization
V The Seller will not accept return of rejected material unless authorized by an officer of Meyer Wire and in writing prior to shipping. (1) Granting the customer the authority to return goods will not be construed to signify the acceptance of the goods themselves or of the customer claim, but will only signify authority to physically return the goods so that they my be inspected. (2) The Seller will reserve the right to return the goods to the customer after such inspection with no credit to the customer, and with the customer to return the goods implies the use of the cheapest mode of transportation available.
Payment is due 30 days after invoice, unless otherwise stated on the other side. In the event of referral to any attorney for collection, an attorney's fee of 15% of the over due amount will be due.
Claims of Buyer
As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following. All claims of any kind except non receipt, must be made to Meyer Wire within five days after receipt of shipment. Claims for non-receipt must be made in writing and delivered to Meyer Wire within twenty days after receipt of an invoice.
Upon an breach by Buyer of any promise, term and/or condition contained herein, including, but not limited to nonpayment by Buyer of any amount due hereunder, or if Meyer Wire deems itself insecure, Meyer Wire may, at its option, and without prejudice to or limitation of any other legal remedy hereunder, by law, or otherwise, resort to one or more of the following remedies: (a) suspend further deliveries even if partial payment for undelivered goods has been received; (b) declare the unpaid balance of the contract immediately due and payable; (c) repossess or and/or reclaim the goods or any part thereof. Buyer hereby agrees, upon demand, to assemble the goods or any part thereof to Meyer Wire, at Buyer's expense, all in accordance with Meyer Wire's instructions. Buyer hereby grants Meyer Wire, a security interest in the goods and any and all proceeds thereof and accessions thereto to secure all of Buyer's obligations hereunder this or any other agreement. Buyer hereby irrevocably appoints Meyer Wire as the Buyer's lawful attorney in-fact to execute and file all documents necessary or desirable to effectuate the purposes of this paragraph, including but not limited to, appropriate financing statements.