GLEN MILLS INC
220 Delawanna Ave
Clifton, NJ 07104
TERMS AND CONDITIONS OF SALE (For informational purposes only. See current written quote for up-to-date terms and conditions)
GENERAL – The terms and conditions set out herein apply to all quotations submitted and orders accepted. There are no other terms, conditions or warranties except as is expressly agreed to and accepted by Seller in writing and signed by its authorized officer. All offers and quotations are valid for 30 days from date of transmission or as specified by GLEN MILLS INC sales department.
PRICE – Prices are excluding packing at our warehouse in Clifton, New Jersey and exclude taxes, modifications and extras.
TERMS OF PAYMENT – Payment is due upon receipt of invoice unless otherwise indicated in writing on the reverse hereof. If this agreement calls for installment payments, default in the payment of any installment when due shall at the option of Seller render the total purchase price immediately due and payable or shall at the option of Seller entitle Seller to immediate possession of the goods specified herein. Order is subject to immediate payment and storage charge when shipment is deferred at the request of Purchaser. Overdue invoices will be subject to interest charges of 1% per month.
ACCEPTANCE – Quotations, orders or contracts are not binding upon Seller until accepted by Seller in writing by an officer at its general office.
CANCELLATION OR CHANGE – Following acceptance, Purchaser may not cancel or change order except upon payment of cancellation and restocking charges and/or additional charges to be determined by the Seller.
TITLE – Title to goods remains the Seller’s until full payment is made by Purchaser and Purchaser has completed all of his other obligations under this agreement. Purchaser agrees to indemnify Seller for any losses, damages or claims arising out of Purchaser’s possession of the goods prior to full performance by Purchaser.
FORCE MAJEURE – All orders are accepted subject to delays due to strikes, labor trouble, floods, fires, accidents, contingencies of transportation, embargoes, war and other causes of like or different character beyond the control of Seller and if such events shall prevent or interfere with the delivery of the goods ordered, the Purchaser shall accept as complete fulfillment of the order such portion of the goods covered by this agreement as the Seller is able, under the circumstances, to procure and deliver. However, Purchaser shall not be liable to Seller for payment of more than the fair market value of the goods so delivered.
WARRANTY – Goods sold pursuant to this agreement are guaranteed to be free from defects of materials and workmanship. Claims for defective materials and workmanship shall be honored only if Seller is notified in writing within six months of the date of delivery. This warranty may be asserted only by the original purchaser. The Seller’s obligation shall be limited to repair, or replacement of components or units shown to be defective in material or workmanship. This warranty shall be valid only if Seller determines that the claim of the defective workmanship or material is valid and the goods are returned to Seller for repair or replacement of components or units. With respect to equipment, materials, parts and accessories manufactured by others, Seller will undertake to obtain for Purchaser the full benefit of the manufacturer’s warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, GUARANTEES OR UNDERTAKINGS. Seller’s obligations under the express warranty made herein is limited to repair or replacement of components or units as above and Purchaser waives any claim for damages inconsistent herewith. Seller shall not be liable for any other damages whether direct or consequential including but not limited to loss of products, loss of production time, claims by others, whether direct or consequential.
CONFIDENTIALITY – All drawings, designs, specifications and other information, technical or otherwise, which may have been supplied by Seller in connection with an order or quotation are confidential and its contents shall not be divulged to persons other than authorized representatives of Purchaser and remain the property of Seller.
INSTALLATION – Seller shall have no obligation or responsibility for installation nor start-up of goods unless provided for by contract.
INTERPRETATION OF LAWS – The parties stipulate that this agreement and the transaction recited herein shall be construed and interpreted under the Uniform Commercial Code as adopted in the State of New Jersey (New Jersey Statutes Annotated, Title 12A).