Conta-Clip, Inc., 219 Homestead Rd., B2-8/9, P.O.Box 2000, Belle Mead, NJ 08502 Tel: (908) 431-0705 Fax: (908) 431-070678
TERMS & CONDITIONS
1. GENERAL
No additions or modifications to the Terms and Conditions of Sale herein shall be
binding upon Conta-Clip, Inc. unless authorized in writing by an Officer of
Conta-Clip Inc.
The conditions and provisions herein constitute and are essential portions of this
agreement. No prior agreement, oral or in writing, shall have validity, force or effect
whatever unless incorporated herein. Should any provision or condition or Buyer’s
order conflict with any provision herein contained, the provisions of this agreement
shall prevail and be binding. The rights and obligations under this agreement shall be
governed by the Laws of the State of New Jersey. Errors and omissions by Seller may
be corrected by Seller, if any, all, or a part of one or more of the terms and conditions
of this agreement should be declared illegal by any court of law, such part or such
term or terms be considered deleted from this agreement, the remaining to be
unaffected and in full force and effect.
2. ORDER ACCEPTANCE
All customer orders will be in written form and are subject to acceptance by an
authorized individual of Conta-Clip, Inc. in Belle Mead, NJ. Typographical and other
errors made in quotations, order entry and acknowledgements are subject to
correction. The minimum order is $100 net.
3. PRICES AND QUOTATIONS
Ah prices are based on Conta-Clip, Inc.’s current Price List and are those in effect at
the time of shipment. Conta-Clip, Inc. reserves the right to change prices at any time
without prior notification. All quotations must be confirmed in writing and are valid
for (30) days from the date of quotation, unless otherwise specified, and must be
signed by individuals authorized to make quotations. Unless otherwise stated on the
quotation, prices are F.O.B. Belle Mead, NJ. Prices exclude sales, use, excise, or other
taxes which arise out of the sale. Where applicable and required, such taxes will be
added to the sale price.
4. TAXES
The Purchaser shall provide Conta-Clip, Inc. with a Resale Tax Certificate for the
purchased goods. If purchased items are not for resale, the Purchaser will be
responsible to pay all applicable sales, use, excise or similar taxes charged.
5. SHIPMENT AND FREIGHT
The shipment method and routing will be defined by the Purchaser on the
purchase order. If instructions are not provided, Conta-Clip, Inc. will choose the
shipment method based upon the best way. All shipments will be sent prepaid with
the shipping charges added to Purchaser’s invoice, unless otherwise directed by the
Purchaser on the purchase order or provided for by a separate agreement between
the parties.
6. DELIVERIES
Delivery dates given on a quotation or in an order acknowledgement are based upon
good faith estimates and are not guaranteed by Conta-Clip, Inc. Conta-Clip, Inc. shall
not be liable for delays in delivery or in performance due to causes beyond its control
including transportation and customs delays, acts of God, acts of the Purchaser, acts
of civil or military authority, fires, strikes or other labor disturbances, war, riot, or
natural disasters.
In the event of such delay, the promised date or performance shall be extended for a
period equal to the time lost by reason of the delay. All stock items, unless reserved
specifically for a customer, are subject to prior sale.
7. PAYMENT TERMS
Payment is due within (30) days from the invoice date. In the event of referral to an
attorney or agency for collection of a delinquent account, a collection fee of 10% of
the overdue amount plus interest charges of one and one half percent per month will
be due.
8. ORDER CANCELLATION
Orders placed by the Purchaser may be cancelled by the Purchaser with Conta-Clip,
Inc.’s written consent subject to assessment of a cancellation charge based on any
costs incurred by Conta-Clip, Inc. in relation to production, processing and trans-
portation of the cancelled order.
9. CLAIMS
Purchaser claims of shortages or deductions for erroneous charges must be made
within (10) business days of Purchaser’s receipt of ordered product or such claims
will not be allowed.
10. RETURNED GOODS
Any product returned to Conta-Clip, Inc. by the Purchaser will be accepted only if the
following conditions are met:
All products returned to Conta-Clip, Inc. must be accompanied with a Returned
Material Authorization Number obtained from Conta-Clip, Inc. No returned product
will be accepted without the Returned Material Authorization Number clearly marked
and visible on each carton.
All returned product is subject to inspection by Conta-Clip, Inc.. This material must
conform to current catalog descriptions and be in resaleable condition.
Custom-made, specially designed, or obsolete products, or those products
designated as non-returnable in the current Price List are not returnable for credit.
ALL returned material is to be shipped freight prepaid. No “freight collect” shipments
will be accepted.
The credit amount will be calculated on a last invoice basis. In the event that the
original invoice cannot be found, credit will be issued based on prices reflected in the
Price List from two years back.
A restocking charge will apply to any returned product and the percentage will be
determined by Conta-Clip, Inc. No restocking charge will apply to product deemed
non-conforming.
Any non-conforming product returned under warranty by Purchaser will be repaired
or replaced at no charge for labor or parts if deemed deficient by Conta-Clip, Inc.
provided the return complies with the following requirements:
a. Purchaser must submit a written claim to Conta-Clip, Inc. describing the
specific nature of and relevant details relating to the non-conformance.
Purchaser must not return non-conforming product to Conta-Clip, Inc. until
a Returned Material Authorization Number has been requested by the
Purchaser and issued by Conta-Clip, Inc.
b. A return of non-conforming product must be made by Purchaser within
(10) business days after the issuance date of the Returned Material
Authorization.
c. Failure to satisfy any of these requirements for non-conforming products
could result in a warranty claim as provided for under Limited Warranty (11.)
to be disallowed.
Should any product returned to Conta-Clip, Inc. not meet the prescribed requirements
as defined herein under Returned Goods (10.), Conta-Clip, Inc.
reserves the right to either refuse receipt of returned product or to send back any
returned product which was already received at the Purchaser’s expense.
11. LIMITED WARRANTY
Conta-Clip, Inc. warrants to the Purchaser that the products purchased will be of
merchantable quality and free from defects of material and workmanship and will be
of kind and quality designated or so specified in the contract. This warranty shall only
apply to defects appearing within one year from the date of the Conta-Clip, Inc.
invoice, with the exception of tools which will carry a six month warranty. Conta-Clip,
Inc. will not be liable for any modification to its products by the purchaser.
Satisfaction of this warranty will be limited to (a) the replacement of the product by
Conta-Clip, Inc., or (b) repair or modification of the product by Conta-Clip, Inc., or
(c) issuance of a credit for the non-conforming products delivered under the order
involved. Rights under this warranty are available only if Conta-Clip, Inc. is notified
promptly in writing of the alleged non-conformance and Conta-Clip, Inc.’s
examination of the product discloses that the non-conformance was not due to
misuse, improper installation, improper operation, improper maintenance, alteration,
modification, accident, or unusual degradation of the equipment or parts due to
physical environments in excess of the limits.
There are no warranties which extend beyond this provision. This warranty is in lieu
of all other warranties whether expressed, implied, or statutory including implied
warranties of merchantability or fitness. The Buyer acknowledges that we are not
relying on the seller’s skill or judgement to select or furnish goods suitable for any
particular purpose. This warranty extends only to the purchaser from Conta-Clip, Inc.
or its authorized distributor.
We reserve the right to correct errors, omissions, and make revisions wihout notice.
Terms & Conditions