TERMS OF SALES
All sales are expressly conditional on Buyer’s agreement to the terms and conditions set forth below. Any order or statement to purchase goods, or any direction to proceed with procurement of shipment of goods, or any acceptance of payment for goods shall constitute Buyer’s agreements to those terms and conditions. Prices are subject to change without notice.
1. Minimum Invoice: Effective April 1, 1996. Original orders of less than $25.00 net merchandise carry a $5.00 handling charge.
2. Freight/Shipping Policy: Effective April 1, 1996. Warehouse Shipments: We reserve the right to make partial shipments of any items ordered unless the order is marked “ship complete”. Items not shipped will be backordered at our discretion unless otherwise notified.
Via Air (Next Day or Second Day): These services are available upon request but at the full expense of the customer regardless of the merchandise value of the order. Our Customer Service Department can quote approximate charges.
3. Additional Fees:
COD Fee: Effective April 1, 1996. Original COD orders shipped via UPS will carry a minimum $6.95 COD fee. Original COD orders shipped via common carrier will incur a minimum $16.00 COD fee.
4. Delivery Rates: Shipping dates given in advance of actual shipment are estimates based on information received from our suppliers and shall not be deemed to represent fixed or guaranteed shipping dates. Delivery dates are not guaranteed and Seller shall not be liable to Buyer or the ultimate user for any claims arising from delay in shipment or delivery. If shortages should occur in Seller’s supply of specific items. Seller may allocate its deliveries.
5. Claims: Goods in transit travel at the risk of the purchaser. Damages and/or shortages must be noted upon receipt and be countersigned by the delivery carrier’s agent. We will be pleased to furnish any information or assistance needed to establish a customer’s claim against the carrier. Within ten (5) days after tender of delivery to, or receipt of any shipment, and before any part of the material has been changed from its original condition. Buyer shall inform Seller in writing if the material is found to be defective or short in any respect. Failure to inform Seller, or use of the material shall be conclusive that Seller has satisfactorily performed. Seller is not liable for loss or damage in transit.
6. Returned Items: In no case is material to be returned to Pennzoni Display Co. without written authorization. We reserve the right to implement a thirty percent (30%) handling charge for any returns. All returns will be subject to Pennzoni Display Co. No credit will be issued on any product that is damaged or mixed.
7. Credit Request/Returned Goods: No merchandise may be returned without permission. Please contact either our Customer Service Department or our salesperson with our order number and/or invoice number and shipping date. We reserve the right to inspect the merchandise to be returned before issuing a credit. a) All returns must be approved in writing by Pennzoni Display Co. and a credit control number issued for authorization. Unauthorized returns will be refused. b) All returns must be shipped” freight Prepaid” to arrive prior to expiration date which is 30 days from date issued. c) Returns other than defective materials or shipping error will be subject to the following minimum handling/restocking charges based on the amount of time elapsed between the invoice date and the request to return: 1-month at 25%; 2-months at 35%; over 3-months at 50%. A minimum 30% restock charge will be assessed on all unauthorized returns. Furthermore, pricing and discounting on the original invoice will be adjusted o reflect the impact of the return quantity, and where applicable, originally prepaid freight charges will be billed. d) Pennzoni Display Co. will determine value of return only after physical inspection and verification of content and condition. e) The customer is responsible for proper packing and protection of all return shipments. f) Material cut-to-length or otherwise cannot be returned. g) Do not charge our account or deduct from remittance. Credit will be issued after inspection. Items returned must be in good resalable condition and not in need of repackaging. Credit memos not used or redeemed within six months of issue will be voided.
8. Taxes: Unless otherwise noted, prices do not include any present or futures sales, use excise, value added or similar tax. Where applicable, all such taxes shall be paid by the buyer. Buyer shall furnish evidence of exemption and have compliance documents on file with Pennzoni Display Co., if applicable.
9. Performance: Seller shall not be liable for failure to perform or for delay in performance hereunder because of fire, weather, strikes, war, civil disturbance, or without limitation of the foregoing for any cause beyond Seller’s reasonable control.
10. Default Clause: (In any event of default, I understand and agree that I am legally liable for 1-1/2% late charges per month(18%)APR) and all costs of collection, including collection agency fees, reasonable attorney fees, court costs, and all other costs to collect this debt.) Pennzoni Display has retained and is under contract with A&S Collection Associates, Inc to handle delinquent accounts: A&S Collection Associates, Inc. will take all necessary legal action to collect this debt.