Acceptance And Complete Agreement.
These Terms and Conditions (“Terms and Conditions”) govern all sales quotations and sales of product (“Product”) from Seller to the buyer (“Buyer”), and shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written, with respect to the Products (including any made or implied from past dealings) except as expressed herein. Any terms or conditions on any of Buyer’s forms, correspondence, or orders that are different from or in addition to these Terms and Conditions are specifically rejected. Seller’s failure to object to provisions contained in any communication from Buyer shall not be construed as a waiver of these Terms and Conditions or as an acceptance of any such provision. No order shall be binding upon Seller unless and until such order is accepted (or otherwise processed) by Seller at its principal office. Buyer’s order will be deemed a representation that Buyer is solvent and able to pay for the Products ordered.
Quotations and Proposals.
Only a written quotation or proposal shall constitute Seller’s quotation or proposal for the sale of Product, and it shall expire on the expiration date indicated on said quotation or proposal, or, if no date is specified, then thirty (30) days after the date of the quotation or proposal. Any quotation or proposal may be modified or withdrawn by Seller, in whole or in part, at any time prior to acceptance of an order by Seller.
Prices quoted, unless otherwise stated by Seller in writing, are FOB shipping point and do not include sales, use, excise, or similar taxes or duties, or freight. Buyer shall pay these taxes directly if the law permits or will reimburse Seller if Seller is required to pay them. Buyer will provide tax exemption certificates or evidence of tax payment on request. Unless otherwise specified, orders will be billed at prices as specified on Seller’s then current list price, which shall be subject to change from time to time.
Terms and Methods of Payment.
Unless otherwise specified in writing by Seller, all payments are due upon delivery of the Product. By placing an order, and unless other payment arrangements are agreed to by the parties in writing, Buyer consents to Seller charging Buyer’s credit card for all amounts due. Any amounts past due for seven (7) days shall incur a penalty of 2% per month (24% per annum), but in no event more than the maximum amount permitted by law. Without limiting any other remedies available to it at law or in equity, Seller shall have the right to terminate the order or to suspend further deliveries under any order with Buyer in the event that Buyer fails to make any payment to Seller when due. Seller may recover all costs of collecting past due amounts (including reasonable legal fees and expenses). Buyer acknowledges that a $25 processing fee, in addition to any applicable late penalties, will be charged for each rejected credit payment or any check that is returned by the Buyer’s bank for any reason.
Shipments shall be subject to approval of Buyer’s credit by Seller. In the case where Buyer’s credit is or has become unacceptable to Seller, in its sole discretion, Seller may, at its option, terminate the order, or refuse to make shipment, in each case unless and until payment is made by Buyer or satisfactory security for payment is received by Seller prior to shipment. In the absence of specific instructions, Seller will select the carrier but shall not be deemed thereby to assume any liability in connection with the shipment, nor shall the carrier be construed to be an agent of Seller. Unless otherwise specified in writing by Seller, Buyer is responsible for all site preparation and for receiving and storing all Product. In its sole discretion, Seller may provide a quotation for services to assist Buyer in some or all of these functions if requested.
Seller’s estimated shipping schedule is based on Seller’s prompt receipt of all necessary information from Buyer to properly process the order, and does not constitute a commitment to deliver Product in accordance therewith. Seller will use reasonable efforts to ship on or before the estimated shipping dates. Delivery will be made to Buyer’s specified address, provided that in the event that Buyer is not present at the time of delivery, Seller may leave Product at Buyer’s specified address. At Buyer’s request, Seller can attempt re-delivery at a time when Buyer will be present, provided that Buyer shall be responsible for the costs associated with Seller’s redelivery attempt. At Buyer’s option, Buyer may pick-up the Products at Seller’s shipping point, provided that Buyer shall be responsible for loading Products into its vehicle and complying with vehicle load ratings and safe operating practices.
In the event you are dissatisfied with your fuel, please contact our support team by phone or email email@example.com for our procedures on claims. All returns must be made within 30 days of delivery and will require a 100.00 per ton return fee if not qualified as a part of the Quality Guarantee.
All products must be inspected within five (5) calendar days of receipt. If any damage is discovered, a claim must be filed with the carrier and a full report of the damage must be forwarded to Seller.