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Contract
Terms
Clark Wire and
Cable Co., Inc.
For the purpose of obtaining merchandise on credit, the following statement
in writing is made, intending that Clark Wire & Cable should rely
on same as true and correct.
Price: Buyer
shall pay as a price the unit costs of each item sold hereunder as it
appears on the Seller's price list. On the date of shipment multiplied
by the number of units shipped. Seller is not responsible for typographical
errors or catalog misprints and does not offer price protection of any
kind. All prices are subject to change without notice.
Method of Payment: Prior to credit approval, all orders are C.O.D
Buyer shall pay all C.O.D charges. Buyer shall pay for the goods either
in legal tender or by a certified check or bank check drawn to Buyer's
order or properly endorsed to Buyer. Buyers whose checks are dishonored
due to insufficient funds shall be charged an additional $20.00 returned
check fee. Past Due payments shall be subject to a late payment fee
equal to 1.5% per month of the unpaid balance, compounded monthly. Buyer
agrees to pay all costs and expenses of collection, including reasonable
attorney's fees, regardless of whether litigation is instituted. Failure
at times to exercise such option shall not constitute a waiver of the
right to exercise it later.
Inspection:
The goods shall be inspected upon tender to the Buyer. Failure to inspect
within ten (10) days after tender shall constitute a waiver of Buyer's
rights of inspection and shall be equivalent to acceptance of the goods.
Buyer must contact Seller's service department at 1-800-222-5348 before
returning any goods. There is a 10% cable tolerance unless specific
footage is requested.
Shipment:
This is a shipment contract. The goods are shipped F.O.B. Seller's warehouse.
Seller shall arrange for transportation to Buyer at the location specified
on the invoice. Goods shall be shipped under a straight bill of lading
naming Buyer as consignee. The bill of lading shall be sent to Buyer
at the address which accompanies his signature to this agreement. Orders
for items not exceeding 70 lbs. shall be shipped F.O.B. Seller's warehouse
by UPS ground freight. UPS Air, Second Day Air, Federal Express and
other common carrier services are available on request. Any additional
costs incurred in connection with a customer's request for special delivery
shall be added to the invoice.
Out-of-Stock
Items: Unless otherwise agreed in writing, any item that is out-of-stock
when ordered shall be placed on back order. Customers should NOT reorder
items that are placed on back order. Backordered items shall be shipped
automatically upon arrival.
Cancellations:
Specially designed goods or nonstandard items are not subject to cancellation.
Wrongfully Rejected
Goods: Seller is under no obligation to refund payment of goods
wrongfully rejected. However, Seller may, at its sole option, recover
wrongfully rejected goods and refund the purchase price, less a 20%
restocking fee.
Limitation of
Liability for Damages:
Incidental Damages:
In the event of a breach or repudiation of the Contract by Seller, unless
otherwise agreed in writing, Buyer shall not be entitled to recover
any incidental damages as that term is defined in Section 2-175 of the
Uniform Commercial Code.
Consequential
Damages: In the event of a repudiation of this Contract by Seller,
unless otherwise agreed in writing, Buyer shall not be entitled to any
consequential damages. This limitation shall not apply, however, to
damages for injury to the person if the goods are consumer goods. SELLER'S
LIABILITY TO BUYER OR USER HEREUNDER, IF ANY, SHALL IN NO EVENT EXCEED
THE TOTAL OF THE PURCHASE PRICE PAID TO THE SELLER HEREUNDER BY THE
BUYER.
Disclaimer of
Warranties: EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN,
GOODS ARE SOLD ON AN "AS IS" BASIS, AND THERE ARE NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LlMITED TO, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. BUYER AND USER SHALL BE SOLELY
RESPONSIBLE FOR THE SELECTION, INSTALLATION, USE, EFFICIENCY AND SUITABILITY
OF THE GOODS, AND SELLER SHALL HAVE NO LIABILITY THEREFOR. In the event
that cable ordered must be CL or PLENUM rated, it must be so indicated
at time of sale. Seller shall not be liable for standard PVC cables
installed against code.
Illinois Customers:
Please supply your Illinois resale permit number when placing an order.
Minimum Order:
Minimum order amount is Seventy-Five Dollars ($75.00). Any order under
$75.00 shall be subject to a $20.00 handling charge, unless otherwise
agreed in writing.
Definitions:
Whenever the following terms are used in this agreement, they are to
be given the meaning stated herein.
"Buyer" refers to
the customer listed on the Invoice incorporated into this contract for
sale of goods.
"Seller" refers
to Clark Wire and Cable Co., Inc.
Whenever a term
defined by the Uniform Commercial Code is used in this Contract for
Sale of Goods the definition contained in the Uniform Commercial Code
as enacted in the State of Illinois is to control.
Venue: In
any litigation or dispute arising as a result of, or incidental to this
contract, Buyer hereby consents to venue solely and exclusively in any
competent state or federal Court for the County in which the Seller's
Place of business is located at the time of institution of such litigation
or dispute.
Choice of Law:
This contract and the legality, validity and performance of the terms
hereof shall be governed by, enforced, determined and construed in accordance
with the substantive laws of the State of Illinois, without regard to
conflict of law principles.
Severability:
If any provision of this agreement is found or declared to be invalid
or unenforceable by any Court or other competent authority have jurisdiction,
such finding or declaration shall not invalidate any other provision
hereof, and reformed in a reasonable manner by said Court or competent
authority having jurisdiction so as to effectuate the intent of the
parties hereto.
Interpretation
of Contract Terms: This writing is intended by the parties as a
final expression of their agreement and is intended also as a complete
and exclusive statement of the terms of their agreement.
Buyer's Acceptance
of Terms: I have read and agree to the terms of the Contract for
Sale of Goods.
_____________________________________________
Buyer
_____________________________________________ Title
_____________________ Date
Clark Wire &
Cable
1355 Armour Blvd.
Mundelin, IL 60060-4401
USA Fax (847) 949-9595
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