Terms & Conditions
Payment terms are net thirty (30) days from the date of this invoice, subject to a ½ of 1% discount if paid within ten (10) days of the date of this invoice. Any payments not made within thirty (30) days of the date of this invoice shall be subject to a late payment charge of 1½% per month (compounded) on the unpaid balance of any amount then passed due.
The quoted purchase price may be increased to the extent that the Seller’s cost of the product sold hereunder may be increased as a result of (1) any agreements, codes, or legislative enactments made or enacted pursuant to federal, state, or municipal legislation; and (2) increase in the cost of labor or raw materials. In addition to paying the quoted purchase price, Buyer is solely liable for any excises, levies, or taxes which Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the goods covered hereby, and Buyer agrees to pay the amount thereof on the same terms as it shall pay the quoted purchase price.
LIMITATION OF LIABILITY.
SELLER’S LIABILITY TO BUYER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED IN. IN ANY CASE, THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE BUYER AND UNDER NO CIRCUMSTANCES SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR
THE GOODS ARE IN CONSIDERATION FOR LIMITING THE SELLER’S LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS INVOICE MAY BE BROUGHT BY THE BUYER MORE THAN ONE (1)
YEAR AFTER THE DATE OF THIS INVOICE. WITHOUT LIMITATION OF THE
FOREGOING, IN NO EVENT, WILL THE SELLER` BE RESPONSIBLE OR LIABLE FOR (A)
PENALTIES OR PENALTY CLAUSES OF ANY DESCRIPTION, OR (B)
INDEMNIFICATION OF BUYER OR OTHERS FOR COSTS, DAMAGES OR
EXPENSES ARISING OUT OF OR RELATED TO THE GOODS.