Envirco BSC - Manual (Page 34)

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Terms and Conditions
. ACCEPTANCE: The acceptance of Buyer’s order is expressly made conditional on Buyer’s assent to the terms and conditions
set forth herein, and the Seller identified in the quotation or invoice (as applicable) (“Seller”) agrees to furnish the materials,
goods, products and services (collectively “Goods”) covered thereby only upon these Terms and Conditions of Sale. Any terms
and conditions that may be contained in any purchase order or other form of Buyer shall be absolutely without force and effect,
regardless of when received by Seller. By placing an order, Buyer accepts these Terms and Conditions of Sale, and the sale
and delivery by Seller of Goods shall be conclusively presumed to be subject to these Terms and Conditions of Sale. Seller
reserves the right to accept or reject any order in whole or in part. Possession of a product catalog by Buyer does not constitute
an offer to sell.
2. CANCELLATION: Cancellation or modification of orders are subject to Seller’s prior written consent in each instance.
3. PRICE CHANGES: Prices quoted in Seller’s product catalog are subject to change without notice at any time and from time to
time. Goods are invoiced at prices prevailing on the date of shipment.
4. PAYMENT; TAXES: Unless otherwise set forth on Seller’s invoice or otherwise agreed upon by the parties in writing, and upon
approved credit, payment shall be made within thirty (30) days of the date of Seller’s invoice. Unpaid amounts shall accrue
interest at a rate equal to the lesser of one and one half percent (1.5%) per month and the maximum rate permitted by
applicable law, from due date until paid, plus Seller’s reasonable costs of collection. In addition, Seller reserves all other rights
granted to a seller under the Uniform Commercial Code for Buyer’s failure to pay for Goods or any other breach by Buyer of
these Terms and Conditions of Sale. All stated prices are exclusive of any taxes, fees, duties and levies, however designated or
imposed, including, but not limited to, value added and withholding taxes which are levied or based upon the amounts paid
hereunder (collectively, “Taxes”). Any Taxes related to Goods purchased pursuant to these Terms and Conditions of Sale shall
be paid by Buyer (excluding taxes based on Seller’s net income), unless Buyer presents an exemption certificate acceptable to
Seller and the applicable taxing authorities. Applicable Taxes shall be billed as a separate item on the invoice to the extent
possible.
5. SECURITY INTEREST: Seller reserves a purchase money security interest in the Goods delivered hereunder and in proceeds
from the sale, exchange, collection, or disposition thereof, until Buyer has made payment in full for such Goods. Buyer shall,
upon request by Seller, provide all information and signatures required by Seller to perfect such security interest. Seller
reserves all rights granted to a secured creditor under the Uniform Commercial Code, including the right to repossess upon
default by Buyer.
6. MODE OF PACKAGING OR SHIPMENT: Seller reserves the right to pack or ship orders in the most economical manner.
However, where Buyer requests special packaging or shipping, any additional cost will be billed to and be the responsibility of
Buyer.
7. DELIVERY: Unless otherwise agreed to in writing by the parties, Goods shall be delivered EX WORKS Seller’s facility
(Incoterms 2000) and Buyer shall be responsible for all shipping costs. Buyer is advised that quoted ship dates are based on
estimates at the time of quotation and that Seller will devote its commercially reasonable efforts to meeting such schedules.
However, Seller assumes no liability for additional costs or damages resulting from late deliveries. In addition, on orders for