BOX-BOARD PRODUCTS, INC. GENERAL CONDITIONS OF SALE
All transactions with Box-Board Products Inc. are subject to the following terms and conditions, which constitute the entire agreement of Box-Board Products, Inc. and Customer, and which supersede all prior negotiations, representations, and agreements, whether written or oral/ and whether contained in Customer's purchase orders, forms or otherwise. These terms and conditions may be altered only in writing signed by Box-Board Products, Inc. Customer's acceptance of product from Box-Board Products, Inc. constitutes Customer s acceptance of these terms. The laws of the State of North Carolina shall govern all transactions to which these standard terms and conditions apply.
- Price Terms. Price terms do not include sales, Use or other taxes/ all of which shall be paid by Customer if applicable. The terms on any Quotation are deemed withdrawn by Box-Board Products, Inc. unless accepted by Customer within 15 days after the date of the Quotation. All Quotations are subject to change without notice, and Customer should confirm terms when Customer places an order. All prices are subject to increase without notice in the event that the cost of raw materials increases from the cost on which the price was quoted. Customer shall furnish printing and cutting dies. Box-Board Products, Inc. may make partial shipments of goods and may invoice tor same.
- Invoices, All invoices are due and payable thirty days from invoice date, unless other terms are set forth in writing by Box-Board Products, Inc. Interest shall accrue on all past due invoices at the rate of I .5% per month (1 8% per annum), whether or not such interest is actually billed. Upon any failure of Customer to pay Box-Board Products, Inc, for invoices in accordance with their terms, Box-Board Products, Inc. may suspend or cancel any outstanding contracts with Customer, and Box-Board Products, Inc, shall thereby be relieved from any further performance of contract obligations. Box-Board Products, Inc. shall be entitled to recover from Customer all costs incurred by Box-Board Products, Inc., including attorney's fees and collection agency costs, in connection with the collection of unpaid invoices due from Customer. Customer agrees that reasonable attorney's fees shall be 1 5% of the outstanding indebtedness and shall be due in the event that Box-Board Products, Inc. engages an attorney to collect the account.
- Quantity Terms. Unless otherwise stated in writing, all orders are complete if the actual quantity shipped is within ten percent ( 1 0%) of the quantity ordered. Minimum order quantities are provided at the time of the Quotation; and, if orders are received for quantifies less than minimums provided for, Box-Board Products, Inc. may adjust the pricing or the quantity of the order, or both, at ifs election.
- Quotations and Acknowledgements. Quotations are subject to correction of clerical errors. Customer's failure to respond to Box-Board Products, Inc.'s Acknowledgement in writing prior to production constitutes Customer's acceptance of the price, quantity, and delivery terms set forth therein. Delivery schedules are estimates.
- Limited Warranty. Box-Board Products, Inc. warrants that all boxes, packaging materials and other goods furnished by Box-Board Products, Inc. shall at the time of delivery pass without objection in the trade under the contract description and shall run, within the variations permitted by the industry, of even kind, quality and quantity within each unit and among all units involved. THE FOREGOING EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR PARTICULAR PURPOSES ARE SPECICIALLY EXCLUDED AND DISCLAIMED WITH RESPECT TO ANY AND ALL GOODS FURNISHED BY BOX-BOARD PRODUCTS, INC. There are no warranties which extend beyond the description on the face hereof. In case of any defective material or other breach of warranty, Box-Board Products, Inc.'s liability and the Customer's exclusive remedy shall be at Boxboard Products, Inc.'s option, (l ) replacement of defective goods with new materials of the same or similar type, or (2) refund of the purchase price. Under no circumstances shall Box-Board Products, Inc. be liable for any special or consequential damages whether based upon loss of goodwill, lost profits, work stoppage, delays, impairment of work of others or otherwise, or whether arising out of breach of warranty, breach of contract, negligence or otherwise, all of which claims Customer waives.
- Returns. Customer shall inspect goods to acknowledge receipt of stated quantity in apparent good order prior to signing the bill of lading. Any claims, requests for adjustments, complaints, or notifications of errors in delivery or billing must be submitted by Customer to Box-Board Products, Inc in writing within 7 days from date of delivery. No returns shall be accepted without the prior authorization from Box-Board Products, Inc.'s customer service department. Questions should be presented to the customer service department at telephone 336-668-3347.