Magnum Venus Plastech PRO AND SUPER PRO CHOPPER VRC-1000_2000_3000 - Manual (Page 4)

Pro & Super Pro Chopper Manual
Rev. 02/2013 Page | 4
Terms & Conditions of Sale:
1. ACCEPTANCE: Acceptance of any purchase order from a customer or potential customer (“Buyer”) is subject to credit approval by
GSSC, Inc. (“Seller”), acceptance of the purchase order by Seller and, when applicable, any manufacturer, vendor, or other third party that
provides goods to Seller for resale to Buyer (“Vendor”). If Seller, in its sole discretion, determines that Buyer's credit becomes unsatisfactory
or it has reasonable grounds for insecurity, Seller reserves the right, upon notice to Buyer, to demand adequate assurance of due
performance from Buyer and/or terminate any purchase order with no liability to Seller. BY REQUESTING A QUOTE FROM SELLER,
ACCEPTING AN INVOICE FROM SELLER, OR PRESENTING A PURCHASE ORDER TO SELLER, BUYER CONFIRMS THAT THESE
TERMS & CONDITIONS SHALL GOVERN ALL PURCHASES OF PRODUCTS OR MATERIALS PROVIDED TO BUYER BY SELLER
(“GOODS”). GOODS SOLD BY SELLER ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN
AND ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS SET FORTH IN A PURCHASE ORDER OR SIMILAR
COMMUNICATION RECEIVED FROM BUYER ARE OBJECTED TO AND SHALL NOT BE BINDING UPON SELLER
UNLESS SPECIFICALLY AGREED TO IN WRITING BY AN AUTHORIZED CORPORATE OFFICER OF SELLER.NO SELLER
EMPLOYEE OR AGENT HAS THE AUTHORITY TO MODIFY THESE TERMS & CONDITIONS VERBALLY. SELLER OBJECTS TO AND
REJECTS ANY TERMS BETWEEN BUYER AND ANY OTHER PARTY, AND NO SUCH TERMS, INCLUDING BUT NOT LIMITED TO ANY
GOVERNMENT REGULATIONS OR “FLOWDOWN” TERMS, SHALL BE A PART OF OR INCORPORATED INTO ANY PURCHASE ORDER
FROM BUYER TO SELLER, UNLESS AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
2. PRICES AND TAXES: Buyer agrees to pay the prices quoted by Seller or listed on any related invoice, and is responsible for additional
applicable shipping and handling charges, taxes, duties, and charges for import and export licenses and certificates. All prices quoted by
Seller are subject to change without notice. Seller will generally collect applicable taxes along with the purchase price unless Buyer submits
a valid tax exemption certificate, and indicates which Goods are covered by it. Prices on special-order Goods may be subject to change
before shipment. In order to be corrected any discrepancies in pricing and/or quantities on invoices must be reported by Buyer within thirty
(30) days of the invoice date.
3. PAYMENT: Payment terms are 30 days net from the invoice date or upon such other terms approved by Seller in writing. Retainage shall not
apply, and Buyer shall not hold back any retainage from Seller, even if retainage is part of any contract between Buyer and any other party.
Payment is not contingent on Buyer’s ability to collect or obtain funds from any other party. Credit card sales are billed at the time of purchase.
Buyer expressly represents it is solvent at the time it places any purchase order with Seller. Seller, in its sole discretion, may determine that Buyer’s
financial condition requires full or partial payment prior to manufacture or shipment. If Buyer fails to make any payment when due, Seller reserves
the right to suspend performance. Buyer agrees to pay a charge on all amounts past due at the rate of 1 ½% per month (18% per year) or the
maximum lawful rate, whichever is less. In the event of non-payment, Buyer agrees to pay Seller’s reasonable attorney fees and court costs, if any,
incurred by Seller to collect payment, and all applicable interest charges. Seller may apply payments to any outstanding invoices unless
Buyer provides specific payment direction.
4. TITLE AND RISK OF LOSS OR DAMAGE: As to Goods delivered directly by Seller, title passes upon delivery at the place Buyer
receives possession; and, thereafter, all risk of loss or damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Buyer
takes title and assumes responsibility for risk of loss or damage at the point of shipment for such sales. Claims for Goods damaged in transit
are Buyer’s sole responsibility when not delivered directly by Seller.
5. QUOTATIONS: All quotations expire thirty (30) days from the date of the quotation unless otherwise noted on the quotation. This time
limit applies even if Buyer uses the quotation to submit a job or project bid to any other party.
6. ASSIGNMENT: The Buyer’s rights and responsibilities under any purchase order or these Terms & Conditions shall not be assigned by
Buyer without the express written consent of the Seller.
7. RETURN OF GOODS: Permission to return items must be requested and granted in advance. No credit will be given if items are
returned prior to requesting and receiving permission. Subject to the foregoing, Seller shall accept returns of Goods for any reason for a
period of thirty (30) days following shipment for exchange or refund of the purchase price; provided, that such Goods must be unused and are
subject to a 15% restocking charge, which may be increased or decreased, in the Seller’s sole discretion, depending on the reason for such return.
Any Goods which were special ordered by Buyer are may not be returned, and any such Goods which are returned are subject to a
restocking/cancellation fee of 100% of the cost of the Goods. Goods shall be deemed accepted by Buyer (and cannot thereafter be
returned), if Buyer fails to object to the Goods within thirty (30) days after the Goods are received by Buyer.
8. CANCELLATION: The Buyer may cancel any purchase order prior to shipment of the Goods by mutual agreement of the parties
and upon payment to Seller of reasonable and proper cancellation charges.
9. TERMINATION: Seller may terminate the whole or any part of any purchase order if there is a material breach of these Terms & Conditions. In
the event of any such breach, the Seller will provide Buyer with written notice of the nature of the breach and the Seller’s intention to terminate for
default. In the event Buyer does not cure such failure within ten (10) days of such notice, Seller may, by written notice, terminate the purchase
order; provided, that Buyer shall continue its performance to the extent not terminated.
10. CHANGE IN BUYER’S FINANCIAL CONDITION: Seller reserves the right to cancel any order or to require full or partial
payment in advance without liability to Seller in the event of: (i) insolvency of the Buyer; (ii) the filing of voluntary petition in
bankruptcy by Buyer; (iii) the appointment of a Receiver or Trustee for the Buyer; (iv) the execution by Buyer of an assignment for
benefit of creditors; or (v) past due payment on previous shipments to Buyer by Seller. Seller reserves the right to cancel Buyers
credit at any time for any reason.
11. INTERPRETATION RESPONSIBILITY; PRODUCT USE AND SAFETY: Seller does not guarantee that the Goods it sells conform to
any plans and specifications or intended use. When plans and specifications are involved, Buyer is solely responsible for verifying Seller’s
interpretations of such plans and specifications, and it is Buyer’s sole responsibility to assure that Seller’s Goods will be acceptable for any
specific job. When Seller offers substitute Goods on any proposal, Buyer is solely responsible for confirming their acceptability.
12. DELIVERY: Shipping dates given in advance of actual shipment are approximate and not guaranteed. All contract dates and timelines
begin upon receipt by Seller of a purchase order, Buyer’s acceptance of these Terms & Conditions, and the payment of any required down
payment.