LP INDUSTRY REPS TERMS AND CONDITIONS AS SELLER
1. Terms of Payment
Net 30 days.
2. Time of Shipment
As stated in quotation.
LP Industry Reps warrants the products quoted herein to be of proper materials, design, and workmanship. Should any part of the product prove defective within the warranty period stated by the original equipment manufacturer and should it be clearly found that the defects are caused by the manufacturer, the manufacturer will furnish service and repair at the manufacturers cost or replace the defective part on the basis of the contractual delivery terms.
LP Industry Reps does not make any other warranties, whether express or implied, including but not LIMITED to merchantability and fitness for particular purpose or special circumstance.
4. Force Majeure
LP Industry Reps shall not be considered in default in the performance of Supplier’s obligation hereunder if such performance is prevented or delayed due to Force Majeure. As used in this quotation, Force Majeure includes, but not limited to, act of God, war (whether declared or not), armed conflict (whether internal or international), insurrection, riot, civil commotion, storm, rebellion, strike, lockout, tidal waves, flood, lightning explosion, fire, earthquake, act of any government and any other happening (whether similar to other foregoing or not) which we could not reasonably prevent or control.
5. Consequential Damage
LP Industry Reps shall in no event be liable to Purchaser/Owner or any other clients by way of indemnity or by reason of any breach of Purchaser/Owner in tort or otherwise for loss of use of the Equipment or any part thereof or for loss of production, loss of profit or loss of any contract or for any indirect, special or consequential loss or damage that may be suffered by Purchaser/Owner or any other clients in connection with the Contract. In any event, LP Industry Reps total liability shall not exceed the price of the Equipment on which such liability is based.
Purchaser/Owner may cancel its order only upon written notice and the payment to us of reasonable and proper cancellation charges including all incurred cost performed by Supplier. The cancellation fee shall be
paid within 30 days after Purchaser/Owner’s cancellation notice.
7. Duties and Taxes
The prices quoted herein do not include any import duties, withholding tax, Federal and Provincial sales taxes, other taxes, fees or charges,
of whatever nature, now and hereafter imposed in the final destination. Purchaser and/or Owner shall be responsible for any duties and taxes
after the delivery point in the Contract.
8. Governing Law and Arbitration
The contract by and between LP Industry Reps and Purchaser for the Equipment shall be governed by and construed in accordance with laws of the State of Ohio, USA.
If any dispute is caused during the contract, Purchaser/Owner and LP Industry Reps do their best efforts to solve it by mutual efforts.
However, any dispute, controversy or claim arising out of or relating to the contract or any alleged breach thereof, which cannot be settled by mutual agreement between Purchaser/Owner and LP Industry Reps, shall be settled by an arbitration in conformity with the Rules of Conciliation and Arbitration of the International Chamber of Commerce, in accordance with such rules for the time being in force. It will be held in Ohio, USA.
30 days from the date of formal quotation.
10. Packing and Inspection
Packing shall be as per our standard packing. Inspection shall be executed by the Manufacturer at Manufacturer’s works according to Manufacture’s standard. If an inspection by Purchaser or third party is required, and acceptable to LP Industry Reps, all charges incurred for inspection shall be borne by the
Shipping contracts made by LP Industry Reps shall be to Purchaser’s account. All claims for loss or damage after risk of loss has passed to Purchaser shall be filed by Purchaser with the carrier. Purchaser shall be liable to Supplier for the full price of the goods, irrespective of loss or damage in transit. Supplier shall not be required to provide freight cost receipts to Purchaser at the time of invoice. Purchaser shall bear all risk and expense for delivery of goods, including without limitation, shipping, loading, unloading, storage, freight, and insurance. Goods may be shipped to Purchaser in whole or in part. Title to goods shall pass to Purchaser when delivered to the carrier or the Purchaser, whichever occurs first, even if the goods are shipped freight prepaid. Among other things, a signed delivery receipt or bill of lading will constitute proof of delivery. The choice of carrier is made solely at the discretion of Supplier, and Supplier makes no representation as to the acceptability of a particular carrier. Except when Supplier expressly agrees in writing, Supplier does not guarantee shipment or delivery by a certain date or time, although Supplier will strive to deliver goods by the date that it may communicate to Purchaser. Supplier shall not be liable to Purchaser, or any other person, for any loss or damage of any kind which results from delay in shipment, delivery, or failure to give notice of delay, whether or not such delay was caused by Supplier or otherwise. Upon request from Purchaser, Supplier may accept to ship on prepaid-and-add basis, however a handling fee of 15% of prepaid shipping cost may be applied and added to our invoice.
A monthly charge of 1.5% may be charged on amounts owed by Purchaser to LP Industry Reps that have not been paid within the due date, subject to the maximum amount permitted by law.