Conditions of Sale and Terms of Payment – Avon Lake Sheet Metal Company, Inc.
- General: The Terms and Conditions herein established by Avon Lake Sheet Metal Company, Inc. (“us”, “we”, “our” or the “Seller”) apply to all dealings with our potential and actual customers (“you” and “your”), whether made by you or us, for any solicitation, submission, inquiry, offer, request or arrangement (a “Communication”) or sale by us with respect to goods we sell and services we provide (“Product(s)”).
- Quotes: All quotes issued by Avon Lake Sheet Metal are valid for 30 days, unless otherwise noted.
- Acceptance of orders: No Communication is binding on us unless we actually receive it and we agree, either in writing or by delivery of Product(s) identified in such communication, to accept it as an order for Product(s) (an “Accepted Order”).
- No Cancellation: Accepted Orders cannot be canceled or modified, in whole or in part, without our prior written consent, which consent may be withheld or subject to conditions and reasonable charges may be imposed.
- Payment Terms: Payment terms are set forth in the invoices we issue to you. All amounts are stated in U.S. dollars and must be paid in U.S. dollars. If payment in full on any invoice is not received when due, or if your credit worthiness is deemed unsatisfactory by us at any time, we may take, without incurring any liability, one or more of the following actions: (a) impose a service charge at the rate that is lesser of (i) 1.5% per month or (ii) the maximum rate allowed by applicable law, on any amount past due commencing from the date of such invoice, (b) modify or accelerate payment terms, and/or (c), withhold delivery of Product(s) until arrangements are made to secure payment for any outstanding invoice.
- Collection Charges: You shall pay all costs and expenses, including without limitation reasonable attorney’s fees and administrative charges, we incur in the event of your failure to perform your obligations to us, including without limitation any attempt to collect any amount you owe us.
- No Other Terms Accepted: No terms or conditions, other than these Terms and Conditions, shall apply to any Accepted Order and no agreement or understanding in any way adding to or otherwise modifying these Terms and Conditions shall be binding on us unless set forth in writing signed by us.