Credit Terms and Conditions of Sale
Cabinets & Materials
Terms & Conditions
- These Terms and Conditions of Sale ("Terms") shall control on all sales of materials and services, including all sales of materials involving direct shipments arranged by or through A&M SUPPLY CORPORATION, A&M SUPPLY, ALLIED PLYWOOD, ALLIED KITCHENS AND CUSTOM CABNETS and HERITAGE HARDWOODS (or any other company owned or affiliated with A&M SUPPLY CORPORATION), hereinafter referred to as the "Company".
- All orders placed for special order materials (i.e., those materials not kept in stock) are final. Once a special order is placed, Purchaser agrees to accept said materials and make payment in full. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS.
- On all orders of materials, where the delivery date is delayed, Purchaser agrees to hold the Company harmless for any delay and agrees to make payment in full for the materials, upon receipt of the materials.
- All materials delivered must be examined and inspected by the Purchaser and/or his agent or representative upon receipt, by notating the delivery ticket or bill of lading. Any claim of shortage and/or damage must be made at time of delivery. Purchaser must file a claim for damaged or shorted materials delivered by common carrier directly with the carrier and said claims are the sole responsibility of the Purchaser.
- IN THE SOLE DISCRETION OF THE COMPANY, stock materials may be returned, if in good condition, and are subject to a 25% handling fee.
- Purchaser agrees that its sole remedy for any claim arising out of the sale and/or use of materials purchased shall be the return of such materials for a refund of the price paid. Purchaser agrees that the Company shall not be liable for, and that no suit shall be brought against the Company for, or include a demand against the Company for, consequential or incidental damages.
- Purchaser agrees that the Company shall not be liable for any manufacturer's defect or shipping damage. Purchaser further agrees to hold the Company harmless for any manufacturer's defect or shipping damage or any injury to any person or property due to said defects or damage.
- The Company makes NO ADDITIONAL WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Any contradictory statement made by an employee of the Company shall have no effect or bearing, and the terms contained herein shall control.
- Title for all goods and/or materials remains with the Company until paid for in full by the Purchaser. If Purchaser takes action under Title II of the United States Code, or any state insolvency law, Purchaser agrees to promptly return any materials not paid in full. Purchaser agrees to keep the materials fully insured until paid for in full.
- The risk of loss of any materials shall pass to the Purchaser as follows: IfPurchaser takes possession of the materials at the Company's locations, risk of loss passes at the time Purchaser takes possession; if the materials are delivered to Purchaser by common carrier, risk of loss passes at the time the materials are delivered to, or picked up by, the carrier; if the Company delivers the materials, risk of loss passes at the time materials are delivered to Purchaser at its place of business or any other place designated by the Purchaser for delivery, regardless whether the Purchaser or its employee or agent is present to receive the materials, or signs for the materials.
- Purchaser shall pay interest at the rate of one and one-half percent (1.5%) on the unpaid balance (18% per annum) on any amount thirty (30) days or more past due. Terms are NET 30 Days from date of invoice unless otherwise specified on the invoice. Purchaser shall pay thirty three percent (33%) collection expense and./or attorney's fees on the balance of the account or any part thereof in the event that Purchaser's account or any matter related to the account is referred to any outside collection agency or legal counsel.
- Purchaser agrees that the proper jurisdiction and venue for any disputes between the parties shall be in FAIRFAX COLINTY, VIRGINIA, or, in the Company's discretion in any location where the Company maintains a branch location from which the Purchaser purchased materials, any jurisdiction in which the Purchaser does business, or in which any Purchaser resides, or, any jurisdiction where the materials which are the subject of the claim or controversy were delivered or used. The Purchaser agrees that the laws ofVirginia shall govern the interpretation and enforcement of these terms.
- In the event that the Purchaser incorporates, becomes a limited liability company or other legal entity, changes its name, merges with another entity, or otherwise changes the form of its business, these Terms shall survive, and shall be enforceable against the new or surviving entity, and shall remain binding upon the heirs, estate representatives, successors, and assigns of any such entity.
- In the event the Purchaser is a corporation, partnership, or any other legal entity, the individual or individuals whose signature appears hereon agree to and do personally guarantee payment for any and all materials sold to the Purchaser
Purchaser acknowledges that it has read and agrees to all of the above Terms, that the person(s) signing these Terms is authorized by the Purchaser to do so and that if there is any discrepancy between these Terms and the terms of sale found on any other document, these Terms shall control.