If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the shipping screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.
Buyer expressly agrees that Seller’s Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.
ACCEPTANCE OF ORDERS
Seller may accept buyer’s offer to purchase and shall be bound to supply the applicable registrations and goods in accordance with these terms and conditions either by execution of the acknowledgement copy of the order, or acceptable electronic transmission, delivery of the registrations and goods, act or course of conduct which constitutes acceptance under applicable law.
Unless otherwise indicated on the face of the invoice, all prices are quoted in USD (US Dollars $). Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the registration or goods. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.
Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver the registration or product by the specified date.
TRANSPORTATION AND RISK OF LOSS
The method and route of shipment are at Seller’s discretion unless Buyer timely supplies explicit instructions otherwise. Title to the registration(s) and product(s) passes to Buyer when they are delivered or electronically submitted to the selected carrier or email account, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the registration or product, or Buyer repudiates this document after the registration(s) or product have been identified hereto.
CANCELLATION OR MODIFICATION
Any order placed with and accepted by Seller may be cancelled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Seller will not accept order cancellations once a product has been delivered to a carrier or electronically submitted. Seller will not accept cancellations of special orders of non-standard, non-price list products. Seller may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.