TERMS OF PAYMENTS
Net 30 days upon approved credit-due and payable in full within 30 days of invoice unless otherwise agreed upon in writing. Accounts opened with firms or individuals on approved credit. The seller reserves the privilege of declining to make deliveries except for cash whenever, for any reason, doubt as to the buyer’s financial responsibility develops, and shall not, in such event be liable for nonperformance of contract in whole or in part. Past due amounts are subject to late payment service charges of 1 ½% per month, which is an annual rate of 18%. A service charge of $25.00 will be applied to each returned check. Accounts 61 days old will be placed in C.O.D. at the discretion of the seller. Legal action may be taken after an account debt becomes 90 days old.
Title to any and all goods or materials hereafter purchased shall remain with US Automation Controls LLC as security until the full purchase price has been paid. Risk of loss shall pass to buyer upon delivery to carrier at US Automation Controls LLC’s F.O.B. Point.
Failure by customer to pay any part of the purchase price when due, or in the event that the proceedings in bankruptcy, receivership or insolvency by or against customer or his property supplier may, at its option, cause the entire unpaid balance to become due and immediately payable and the supplier shall have the right to enter at any time without notice upon the premises where any of the materials purchased by the customer are located. Customer hereby expressly waives any right to action which may accrue by reason of the entry for taking possession for or the selling of said materials and agrees to pay all costs incurred with respect thereto including service charges and reasonable attorney’s fees and court costs.
All stenographic and clerical errors are subject to correction.
The on-site staff includes a software engineer, electrical engineer, network engineer, inventory manager, quality control/production manager, accounting manager, marketing manager and business office manager.
Quoted prices and discounts apply only to the specific quantities of times or specific services stated and do not include any taxes, transportation charges, special packaging or labeling or other miscellaneous items or services not specified. Prices are subject to corrections, for errors when so stated on the quotation or order acknowledgement, prices invoiced will be those in effect at time of shipment.
Prices do not include any present or future federal, state or local sales use, excise, manufacturing, processing or importation tax or any other tax or charge that is or may be incorporated therein, any such taxes or charges will be added to the invoice as separate items, unless appropriate exemption certificates are furnished to the supplier.
No such order accepted by US Automation Controls LLC may be altered or modified by buyer unless agreed to in writing signed by an authorized official of US Automation Controls LLC. No order may be cancelled or terminated without receipt of payment for any loss, damage and expenses arising from such cancellation or termination.
Buyer shall have the right, by giving written notices to seller, to make changes in the quantities, drawings, designs or specifications for the articles to be manufactured. Upon receipt of any such notice, seller shall notify buyer as promptly as possible changes in price of, or the time required for performance of the order and an equitable adjustment shall be made in the contract price or delivery schedule, or both, prior to incorporating said changes into the manufactured article.
US Automation Controls LLC shall not be liable for delays in delivery or failure due to causes beyond reasonable control of US Automation Controls LLC. US Automation Controls LLC reserves the right to bill for merchandise and charges for warehousing, insurance, trucking, and other associated expenses, if and when shipment should be held beyond scheduled date at the request of buyer.
All orders are shipped US Automation Controls LLC F.O.B. point in Short Hills, NJ or other locations designated by US Automation Controls LLC. Freight charges will be billed by US Automation Controls LLC unless freight arrangements are made and paid for by the buyer.
Buyer is responsible for evaluation of received merchandise for final acceptance. All claims for shortages must be made within 5 business days of receipt of merchandise.
US Automation Controls LLC services warranty claims in accordance with the warranties granted by the manufacturer of the merchandise in question. US Automation Controls LLC does not warrant any products against damage from corrosion, contamination, misapplication, improper specification or operating conditions beyond our control. No person has the authority to warrant any product sold by US Automation Controls LLC beyond warranties offered by the manufacturer of said product. US Automation Controls LLC is not liable for incidental or consequential damages resulting from use of the product whether a claim for such damages is based upon warranty, contract, negligence or other fault. Products covered by a manufacturer’s warranty are eligible for return for repair, replacement or possible credit. Advance authorization must be received within 15 days of failure.
No merchandise shall be returned unless return authorization has been secured from US Automation Controls LLC. All returns must comply with US Automation Controls LLC’s return policy and procedure.
These terms and condition of sale cover all products which the buyer may hereafter acquire at any time from supplier. No waivers or modifications shall be valid unless the same are in writing and executed by the parties hereto. These terms and agreements shall apply and accrue to the benefit of, and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties.
In the event of any litigation arising out of the above terms and conditions of sales, the supplier shall be entitled to its reasonable costs and expenses incurred including attorney fees.
These terms and conditions of sale shall be governed by the laws of the State of New Jersey.