ACCEPTANCE OF TERMS: Customers with approved accounts agree to pay all balances due in full on or before the tenth of the month following the date of purchase for cash discounts, where applicable, and due net 25th of the month following the date of purchase. Any customer, whether they have an account with Salem Plumbing Supply & Designer Bath or not, agrees he/She shall pay a late fee in the amount of two percent (1.5%) per month or twenty four percent (18%) per year on all balances thirty (30) days or more overdue. ALL CUSTOMERS AGREE THEY SHALL BE RESPONSIBLE FOR ANY AND ALL REASONABLE COSTS, FEES, AND OR ATTORNEY’S FEES INCURRED BY SALEM PLUMBING SUPPLY & DESIGNER BATH TO RECOVER SAID SUMS. Salem Plumbing & Designer Bath hereafter referred to as S.P.D.B., specifically reserves the right at it’s discretion to suspend, revoke and/or cancel any and all credit it has extended to any customer without any recourse by the customer, including but not limited to orders already accepted.
BUYERS FAILURE TO PAY for any deliveries when due shall excuse seller from making further deliveries on this order, or on any other order. Credit terms for one order establishes no precedence in respect to any subsequent orders. The buyer, any higher-tier contractor, or owner of property to which the products described herein may become affixed will not be released from liens or claims of any kind unless and until such products have been fully paid for.
CLAIMS: ALL MERCHANDISE should be checked immediately and claims for damages or shortages must be entered within five (5) days from the date of receipt.
All merchandise shipped by S.P.D.B. trucks is delivered by our drivers on customer delivery copy and customer copy and customer signature copy. All claims of shortages or damage must have notation stating the problem in full on customer signature copy and signed at time of delivery.
All merchandise shipped by common carried or contract carrier becomes the responsibility of the carrier until signed for by the consignee as delivered. THE BUYER (consignee) is urged to examine all deliveries carefully before signing transportation receipt. If goods are visibly damaged, the BUYER (consignee) should insist that written confirmation of the damage be noted on the freight bill or dray ticket by the agent (truck driver) of the carrier. If damage is discovered after unpacking, the carrier should be notified at once, so the inspection can be made and the claimed damage substantiated by the carrier. CLAIMS FOR LOSS OR DAMAGE by a common carrier are the sole responsibility of THE BUYER (consignee). S.P.D.B. CAN NOT BECOME AN INTERMEDIARY IN SUCH CLAIMS.
RETURNED GOODS: Authorization must be obtained to return goods for credit or exchange. Request must be made within ten (10) days from date of invoice, GIVING DATE AND INVOICE NUMBER. A fifteen (15%) handling charge will apply on all stock items, except if proven defective or shipped in error (CONTROLS AND TOOLS ARE NOT RETURNABLE). All return materials must be in original packaging: physical appearance of carton, container, or wrappers and its related packaging materials must be in “AS NEW — SAME AS ORIGINAL” condition.
SPECIAL ORDER: Items not normally carried in stock shall be deemed as a special order and cannot be cancelled. A request for cancellation must be forwarded to the manufacturer and its terms and conditions must be assumed and agreed to by the purchaser prior to this request. Cancellations not placed in time to halt production or shipping will not be the responsibility of S.P.D.B. It is customary to require a deposit or down payment of fifty (50%) percent of selling price for all special orders. In the event of cancellation all sums due S.P.D.B. including all freights, handling charges, penalties and restocking fees will be deducted from this deposit. Waiving of this deposit or down payment does not waive Section 5 Paragraph 1.
PRICES: Prices are subject to change without notice and prices charged will be the PRICES IN EFFECT AT THE TIME OF SHIPMENT.
LOSSES: THE RISK OF LOSS AFTER DELIVERY shall be the SOLE RESPONSIBILTY OF THE CUSTOMER and any goods left anywhere on the premises specified by the customer shall be deemed to have been received and shall thereafter be solely at the customer’s risk.
S.P.D.B.’s obligation to deliver the products described in this contract are contingent upon receipt of such products by S.P.D.B. from the manufacturer contingent upon strikes, accidents, fires and/or other conditions beyond S.P.D.B. control.
ALL WARRANTIES for material sold by S.P.D.B. are made and offered by the manufacturer of the materials. S.P.D.B. OFFERS NO OTHER WARRANTY EXPRESSED OR IMPLIED, INCLUDING NO IMPLIED WARRANTY OF MERCHANTABILITY OR IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE and S.P.D.B. will not be responsible for any damages whatsoever, nor for labor or transportation expenses for any repairs or replacements. Liability in any event shall not exceed the cost of replacing the defective merchandise, and no claims for any labor charges in connection therewith or for any consequential damages as a result thereof shall be valid