Any unauthorized deductions, i.e.: shortages, advertising claims, show expenses, etc., taken upon payment are not allowed. Please call Customer Service for assistance or clarification.
All accounts are due 30 days from date of purchase. A finance charge is imposed at a rate of 1 1/2% per month (annual compounded percentage rate of up to 20%) on the full past due amount, with a minimum finance charge of $0.50 per month in all states.
LIMITATION OF LIABILITY
Seller warrants that products designated, when delivered, conform to sample. This transaction is made upon the condition and agreement that there have been no representations or undertakings made by or on behalf of manufacturer and/or seller, and that there are no guarantees or warranties, express implied in fact or by law or of merchantability except as contained in writing herein.
LIMITATION OF BUYER’S REMEDY
Inasmuch as many factors beyond our control are involved in the use and application of our products, such as method of application, experience of workmen and climatic and surface conditions, the company cannot and does not, either expressly or impliedly, warrant or guarantee for it, the performance of its products on any job beyond the purchase price of the material itself.
It is agreed that the buyer’s remedy for any breach is limited to returning the unused portions of the goods and recovering the purchase price of those goods. It is expressly agreed that this is the sole and exclusive remedy available to the buyer. Our liability for incidental and consequential damages arising out of sales transaction is hereby specifically excluded. The buyer assumes all risks of handling and use, whether in accordance with the directions or not.
LIMITATION OF ACTIONS
In accordance with the Uniform Commercial Code, the applicable statute of limitations is one (1) year. Buyer must commence any actions arising out of this contract of sale within one (1) year after tender of delivery is made.
RETURN OF GOODS
No goods may be returned to seller for any reason without seller’s permission. When goods are returned for reasons other than seller’s error in filling a buyer’s order, the buyer will receive credit in the amount of the billed price of the goods returned, less a handling charge of 10% or more depending on the age of goods returned to seller. The goods are to be shipped by the buyer to seller’s warehouse as designated by seller. A copy of the invoice must accompany all returns.