Each delivery made hereunder shall stand as a separate sale and is subject to credit arrangements or to receipt of cash. If payment is not made in accordance with terms, or if Seller shall have any doubt at any time as to Buyer’s financial responsibility, Seller may withhold delivery of the material called for hereunder.
Each order placed with Luetzow Industries will be shipped and invoiced to the requested named entity and/or to the named principal owner of named entity, who shall be personally liable for payment of said invoice. Attorney’s fees and costs will be added to invoice if court services are required for collection.
It is understood that the film thickness and quantity delivered hereunder may vary by ten percent (10%), more or less, than the film thickness and quantity ordered. Bag size and length may vary by two percent (2%), more or less, than size ordered.
All orders or contracts are subject to written acceptance and are not binding on Seller unless or until so accepted.
Buyer shall inspect and test the product received for fitness in the application as used. Seller shall not be liable for any loss or damage resulting from the handling or use of the material shipped, whether in manufacturing process or other wise. Seller shall under no circumstances be liable for consequential damages due to usage of material shipped to Buyer or other parties.
Deliveries may be suspended in case of act of God, war, riots, fire, explosion, flood, strike, lock-out, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, governmental action, national defense requirements, or other causes beyond the control of Seller, preventing or delaying the completed manufacture of shipment of the material or pending total or partial suspension of the manufacture of material upon which the manufacture of the material of this order is dependent.
All sales are F.O.B. Shipping Point within the continental limits of the United States, by route and carrier of shippers choice; shipping destination to be common carrier’s delivery point nearest to receiver’s plant. At the instance of Buyer, Seller may ship the material and prepay freight thereon. Any such shipments with prepayment of freight shall be conclusively construed to be the act of Buyer by Seller as Buyer’s agent, even though shipment and prepayment of freight may have been by Seller in its name. An Increase in freight rates paid by Seller on deliveries covered by this Contract in excess of the freight rates in effect on the date of this Contract, may, at Seller’s option, be added to the price of the material delivered under this Contract.
The price or prices quoted herein, unless otherwise specified on the face hereof, shall be immediately adjusted to equal any applicable lower or higher price announced by Seller, the revised price in either event to apply only to shipments made on or after the effective date of the change.
The Buyer agrees that orders for goods made specifically for the Buyer and not customarily carried in stock by the Seller can be cancelled by the Buyer only to the extent that Seller has not made extraordinary purchases or arrangements for fulfillment of Buyer’s order and only to the extent of that portion not already in the process of manufacture at the time of cancellation and that the price per pound applicable to that portion of the order not so cancelled will conform to the Seller’s published price list.
The Seller makes no warranty of any kind, express or implied, except that such materials are of Seller’s or manufacturer’s standard quality and product specifications as set forth in the attached exhibits which are made a part of the agreement, and the Buyer assumes all risk and liability whatsoever resulting from the use of such materials where used singly or in combination with other substances. The materials covered shall be examined and tested upon receipt thereof. Before such materials are used and within ten (10) days from receipt of shipment, the Buyer shall notify the Seller in writing or any claims on account of weight, quality, loss of or damage to said materials or otherwise failure to so notify the Seller shall constitute a waiver by the Buyer of all claims with respect to such materials, and in any event the use of such materials, shall be deemed to mean satisfactory performance on the part of the Seller.
Seller’s liability, if any, shall be limited to the value of the product as supplied to the Buyer.
Seller, upon Buyer’s request, may furnish technical advice with reference to the use of the material sold hereunder, if and to such extent as Seller has such advice conveniently available, but it is expressly agreed that there is no obligation to furnish any such advice, and that if any advice or assistance is furnished, which will be without charge, it shall be given and accepted at Buyer’s risk, and Seller shall not be responsible or liable for the advice or assistance given or the results thereof.
This Agreement constitutes the entire contract of sale and purchase of the goods named herein. No modification hereof shall be of any force or effect unless in writing and signed by the party claimed to be bound thereby, and no modification shall be effected by the acknowledgement or acceptance of purchase order form stipulating different conditions.
Any tax or governmental charge or increase in same hereafter becoming effective increasing the cost to Seller of producing, selling or delivering the product or of procuring materials used therein, and any tax now in effect or increase in same payable by the Seller because of this sale, such as Sales Tax, Use Tax, Retailer’s Occupational Tax, Gross Receipts Tax, may, at Seller’s option be added to the price herein specified. Unless otherwise specifically stated, Seller shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
The failure of the Seller to insist, in any one instance or more, upon the performance of any of the covenants or conditions of this Contract, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect.
Payment Terms – 25% 10 days, NET 30 days. The ten (10) day terms discount is determined from delivery date to Buyer. A service charge of 1.5% per month (18% per annum) will be charged on balances, which are over 30 days.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin.