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APG L.P.
("Seller") is delivering the products described on sellers
invoice(s) to whomever purchased these products ("Buyer")
subject to the following terms and conditions |
1. Prices -
Prices for all products are for acceptance within 30 days from
the date they were quoted. Prices for many products are based
upon the quantities ordered., and all prices are subject to
change without notice after 30 days from the date such prices
were quoted.
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2. Freight- All products are priced F.O.B. Seller's
warehouses, unless specific exceptions are made at the time
prices are quoted. Exceptions include, but are not limited to,
full freight prepaid and allowed on the aggregate gross weights
over a given number of pounds or on aggregate order sizes over a
given dollar value. If Seller is to pay freight, Seller has the
right to designate the means of transportation used. If Buyer
requires a more expensive means of transportation. Buyer shall
pay an extra costs involved.
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3. Payment Terms - Seller's terms of payment are 1% 10 days,
net 30 days, unless other arrangements are made at the time the
order is placed.
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4. Minimum Invoice and Minimum Line Item - This invoice may
be subject to a minimum total amount and may also be subject to
a minimum amount per line item.
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5. Warranties and Limitations on Liabilities - Sellers
products are warranted against defects in workmanship and
defects in material. Any products having defects will be
replaced, or credit will be issued at Seller's option. Seller's
liability is limited to the invoice value of the defective item.
Seller's responsibility shall not exceed the original purchase
price of the defective product. In no event shall Seller be held
responsible for any special, indirect, incidental, exemplary or
consequential damages. Items fabricate to Buyers specifications
generally can not be returned for Credit. Buyer must obtain
Seller's approval in advance before defective items are returned
and must follow Seller's instructions regarding shipping modes
and routing. All claims for shortages, damagers, defects and
deviations from specifications must be made within 30 days after
receipt of a shipment. THERE ARE NO WARRANTIES WHICH EXTEND
BEYOND THE FACE HEREOF. SELLER DISCLAIMS AND IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
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6. Country of Origin Notification - Some of the items on
this invoice may be imported, and, if so, the items of their
containers are marked accordingly. Sections 19 U.S.C. 1304 and
19 CFR Part 132 require that all imported items of their
containers must be marked in a conspicuous place as legibly,
indelibly and permanently as the nature of the item or container
will permit, and in a manner which will indicate to an ultimate
purchaser in the U.S.A. the English name of the country of
origin of such items.
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7. Taxes - Seller's unit prices do not include any federal,
State or local sales, us, excise, property or other such taxes
which may be applicable to this transaction., the goods
themselves or any services performed by Seller in connection
with this transaction. All such taxes shall be paid by Buyer.
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8. Returns and Order Cancellations - No material shall be
returned without the Seller's permission. A charge of 15% of the
purchase price may be assessed by Seller on all returned goods.
Obsolete material and materials fabricated on special orders may
not be returned. No orders for special merchandise, modification
of standard merchandise or abnormal quantities of merchandise
are subject to cancellation by Buyer. All returned goods must be
in good condition and suitable for resale, or Seller cannot
issue credit for the remaining 85% of purchase price.
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9. Force Majeure - Seller is not liable for any damages due
to delivery delays of failure to perform any of its obligations
to Buyer because of circumstances beyond the reasonable control
of Seller. Such events of Force Majeure include, but are not
limited to, accidents, acts of God, strikes, labor disputes,
acts of regulations passed by governmental agencies, fires,
floods, or failure of one of Seller's carriers or suppliers to
perform their obligations to Seller.
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10. Governing Law - All terms and conditions related to this
transaction shall be governed by, and interpreted in accordance
with, the laws of the State of Texas. |
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