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Terms & Conditions
The Terms and Conditions set forth herein are for the sale of any product or equipment by Professional Plumbing Group Inc. and its subsidiaries Wolverine Brass Inc. and Plumbmaster Inc. and affiliates (collectively, “Seller”) to the party named in the application (“Buyer”). No provision of this agreement shall be waived, modified, altered or amended, except in writing signed by Seller’s Senior Management.
All charges are due and payable 30 days, unless otherwise noted, from the date of invoice. Undersigned agrees to pay a service charge of 1.5% (18% per annum) on all charges past due. There will be a $25.00 charge on non-sufficient funds checks returned.
Payments will be credited first against service charges and then Invoiced Charges. Buyer agrees that all funds from anyone or received by Buyer to the extent those funds result from the labor or material supplied by Seller shall be held in trust for the benefit of Seller. Buyer agrees that this Agreement shall govern all ‘delivery without signature’ deliveries should the Buyer fail or be unable to sign any Delivery Documents.
South Carolina law shall govern this Agreement notwithstanding any choice of law rule to the contrary. Buyer agrees that this Agreement is entered into in Horry County, South Carolina. This agreement shall be enforced as is. Any provision, which has been finally determined by a court of competent jurisdiction to be invalid under applicable laws or regulations, only that section is invalidated, the rest of the agreement shall be valid and remain in effect.
Terms and Conditions of All Sales: (a) Delay. Seller shall not be liable for failure to delivery or delays in delivery occasioned by causes beyond Seller’s control, including without limitation, strikes, lockouts, fires, embargos, war of other outbreak of hostilities, acts of God, delays of carriers or suppliers or governmental acts or regulations. (b) Waiver. All claims shall be deemed waived unless made in writing, delivered to Seller within Ten (10) days after receipt of goods by buyer. (c) Inspection. Buyer shall afford Seller prompt and reasonable opportunity to inspect goods as to which any claim is made as above stated. Seller reserves the right, in its sole discretion, to repair or replace any claimed defect in the goods. (d) Cancellation of Merchandise. Cancellation of standard/stocked items may be honored only if the request is received prior to shipment. (d) Returns. All Returns must be approved by Seller’s customer service department. Returns are subject to a minimum 25% Restock Fee and must be current merchandise in the original packaging and be in clean undamaged condition. All Special Order items are non-returnable.
Warranty. Seller warrants that all items shall be free of all known defects. Seller has NO warranties of Merchantability or Fitness of any item for a particular purpose. All warranties are subject to original manufacturer’s limitations and exclusions.
Handling Charge: All orders under $100 will be assessed a handling fee.
Seller retains the right to file security instruments as it sees necessary.
FOB is Seller’s shipping point.
Certification by Buyer:
The information provided, as well as that on given on any attached pages, is for obtaining credit and is warranted to be True. Buyer hereby authorizes Seller to investigate the references listed pertaining to my/our credit and financial responsibility. Buyer also authorized ongoing annual investigations for credit worthiness and reauthorization of my/our account with Seller.
If Buyer is a sole partnership or partnership they authorize Seller to obtain and use consumer reports on the Buyer or its principles for the sole purpose of evaluating current or ongoing credit worthiness.
Buyer authorizes their bank, financial or lending institution and credit references to release information to support my application with Seller.
Buyer has read, understood, and agrees to all the Terms, and agrees to notify Seller in writing via Certified Mail of any material change in name, ownership, location or corporate status within Thirty (30) days.
The Person signing below on behalf of the Buyer hereby certify(ies) that (a) he/she/they is/are authorized to sign this Agreement on Behalf of the Buyer; (b) the information contained herein is true and complete. Declared under penalty of perjury under the laws of the United States of America.
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