Terms of Service
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- Entire Agreement.
The terms and conditions set forth herein constitute the entire agreement between Hunzicker Brothers, Inc., and its customers and are intended to be a complete and exclusive statement of the terms of sale. These terms shall not be modified unless mutually agreed to in writing. The receipt by Hunzicker of any form, purchase order or other proposal shall not, in the absence of a written acknowledgment by Hunzicker, expressly agreeing to same, modify in any manner or add to the terms and conditions hereof. Buyer's execution of this Agreement or acceptance of the goods sold pursuant hereto constitutes buyer’s assent to all of the terms and conditions herein set forth. Hunzicker’s acceptance of any offer to buy is expressly made conditional on Buyer’s assent to all additional or different terms contained herein. Should buyer not give assent to said terms, there is no contract between the parties.
- Payment Terms.
Payment Terms. Payment terms are 10th proximo, net thereafter. Invoices not paid by 10th proximo are considered past due and are subject to 18% percent per annum. The minimum billing charge shall be $5.00. Credit Cards may be used when making cash or COD payments at the time of purchase. Credit Cards will not be accepted for payment of Hunzicker Brothers, Inc. statements or invoices on open charge accounts.
- Collection Costs.
In the event Hunzicker shall retain or engage an attorney or attorneys to collect, enforce or protect its right pursuant to this Agreement, the buyer agrees to pay Hunzicker its reasonable attorneys fees, court costs, necessary expenses and specifically all costs related to the preparation and filing of any Mechanic’s and Materialmen’s Liens.
Hunzicker is pleased to open accounts with firms of established credit rating. When sending first order, refer Hunzicker to other wholesale houses with whom buyer has had credit dealings. Initial orders will be shipped C.O.D. in order to avoid delay while checking credit references.
Prices are F.O.B. Hunzicker’s warehouse (in Oklahoma City, Oklahoma) unless otherwise stated. Prices are subject to change without prior notice and subject to correction for error. Buyer shall pay any tax now or hereafter imposed on the sale, transportation or delivery of merchandise sold.
Claims for shortage must be made within ten (10) days after date of invoice. Claims for breakage, damage or loss in transit must be made with the transportation company by the consignee or purchaser. No allowance will be made by Hunzicker for breakage or shortages of merchandise caused or occurred in transit. Buyer shall bear all risk of loss or damage to merchandise from and after delivery to buyer at Hunzicker’s warehouse.
Authorization must be secured in writing from Hunzicker before the return of any merchandise. On merchandise which Hunzicker stocks in its warehouse a restocking charge of 10% will be made where return is through no fault of Hunzicker. In any event, a restocking charge of 25% will be made if invoice number does not accompany returned items. Merchandise not stocked by Hunzicker may not be returned unless Hunzicker is able to secure a return merchandise authorization from the supplier. Return authorization and a subsequent credit to buyer may be issued subject to conditions and charges assessed by Hunzicker’s supplier, including applicable transportation costs.
- Disclaimer and Limitation of Warranties.
THE GOODS SOLD UNDER THIS CONTRACT ARE PURCHASED BY THE BUYER “AS IS”. HUNZICKER DOES NOT WARRANT THAT THE GOODS ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE. Products sold are only covered by the terms of the manufacturer’s warranties, if any. Hunzicker’s sole responsibility shall be to replace such goods judged to be defective by the manufacturer when used for the purpose for which manufactured, F.O.B. point of delivery to carrier, or allow credit for such goods at Hunzicker’s option. All replaced goods are to be returned, transportation prepaid. Hunzicker makes no representation or warranty that the merchandise sold shall be delivered free of rightful claim of any third person by way of patent or trademark, infringement or the like.
- Limitation of Remedies.
Under no circumstances shall Hunzicker be responsible for any damage beyond the price of the goods. No damages or charges of any kind, either for labor, expenses or otherwise suffered or incurred by the buyer in repairing or replacing defective goods, or occasioned by them shall be permitted. BUYER SPECIFICALLY AGREES IT SHALL NOT BE ENTITLED TO ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN THE EVENT OF A BREACH BY Hunzicker.
- Choice of Law.
This Agreement is executed and delivered in the State of Oklahoma and rights and obligations of the parties hereunder shall be construed and enforced in accordance with and governed by the laws of the State of Oklahoma.
- Choice of Forum.
Buyer consents to the jurisdiction and venue of any state or federal court located in Oklahoma County, State of Oklahoma for the enforcement of this Agreement.
- Delivery Delays.
Hunzicker shall not be liable or responsible for damage or penalties arising from its failure to make or delay in making delivery because of casualty, fire flood, explosion, accident, strikes, riots, insurrections, lock outs, breakdown of machinery, loss or damage of goods in transit, act of God, or any circumstances or other unavoidable cause beyond Hunzicker’s control.
- Returnable Reels.
Reels will be charged at cost and credited when returned to factory in good condition within one (1) year, freight charges collect (except non-returnable reels).
- Shipping Instructions.
Shipment will be made by freight, truck, express or parcel post at buyer’s option. When no definite instructions are given, Hunzicker may, in its own discretion, select mode of shipment.