These Terms and Conditions of Sale shall constitute a legally binding contract between the seller ; and "Buyer". In the event the seller renders services or sale and issues a document containing its own Terms and Conditions governing such sale, the Terms and Conditions set forth in such other document(s) shall govern sale. These Terms and Conditions of Sale are referred to as "this Agreement" herein.
1.1 The seller refers to the company rendering service
1.2 "Buyer" refers to person for which the seller is rendering sale, including, but not limited to, shippers, carriers, secured parties, buyers and/or sellers, shippers agents, consignees, etc. It is the responsibility of the Buyer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives.
1.3 "Confirmed" means when both parties agreed to do the sale, with agreed buying rate.
2. Sales Condition the seller sells the equipment(s) listed in sales release to BUYERS "AS IS/WHERE IS" without covenant or warranty by seller of any kind whatsoever including, without limitation, warranties of merchant ability, fitness for particular purpose or conditions of the Equipment(s) or compliance with applicable laws, codes, ordinances, or governmental regulation relating to environmental health, safety or otherwise. the seller shall in no event be responsible for any damages arising in strict liability or for incidental or consequential damages from Equipment(s).
3. Pick-up Buyer must pick-up equipment(s) within five (5) working days from the date Buyers receives release from the seller . In event, Buyers failed to pick-up the Equipment(s) the seller may have the option to cancel the sale. BUYER'S confirmation of sale constitutes of these Terms and Conditions even if buyer has not signed them.
4. Storage Fee If equipment(s) are not picked-up after its 5th day from the date of release, storage fee will apply at the rate of $5 per day.
5. Cancellation of Sales In event were BUYER is in breach of the contractual obligation of these Terms and Conditions, the seller has the right to cancel the sale. All confirmed sales will be subjected to 10 % cancellation charge plus additional storage of $5 per day if applicable. In case BUYER wants to cancel it before RELEASE information is provided, BUYER can cancel it anytime. However, in case BUYER wants to cancel after RELEASE information is provided, BUYER can cancel and get it refunded by 70 % of sales while 30 % will be reserved to recover for possible loss due to cancellation.
6. Payment All invoices issued by the seller are payable upon receipt. Release details will not be available if payment is not made. In the event the Buyer fails to make payment when due, the seller has the right to charge penalty of 1.5% per month for the unpaid balance. The seller has the option to debit client's bank account via ACH or through client credit card provided if deemed necessary. In the event this Agreement is placed by the seller in the hands of collection agency for collection, Client agrees to pay additional 35% for handling fee. Client also agrees to pay attorney’s fees and other administrative costs related in collecting outstanding amount.
7. Force Majeure the seller shall be released from liability to perform sale where the seller is prevented by circumstances beyond its control and wherein the seller could not reasonable have foreseen. Any failure of any parties to perform its obligation under these Terms and Conditions shall be deemed not a breach of contact.
8. Right to Lien the seller have the right to lien on any or all properties of Buyer in compensation for monies owed to the seller for the sale rendered. the seller shall provide written notice to Client of its intent to exercise such lien, the exact amount of monies due and owing, as well as any on-going other charges within 48 hours from the date he received such letter.
9. Taxes Buyer agrees to pay, indemnify and hold the seller harmless for sales, transfers, registration fees, sales taxes, value added taxes, stamp taxes, goods and service taxes and other taxes, levies, duties, charges or withholding of any nature, together with penalties, fines or interest by any taxing authority because of the purchase, sale, delivery and transfer of the Containers, other than taxes based on, or measured by, the income or gross receipts of Seller.
10. Neutralization Buyer agrees and is responsible at his expense, for the "neutralization" of the Equipment(s) and will promptly remove all previous ownership markings and identification plates. Buyer will defend at its own expense and indemnify and hold harmless the seller from and all claims, losses, damage, liabilities, demands, actions, costs, expenses and fees (including attorney’s fees) arising out of, or in connection with, the sale of the Equipment(s) to Buyer or any subsequent use, operation or disposition of the Equipment(s) not being properly neutralized.
11. Reservation of title the seller retains full responsibility of the equipment(s) until complete payment of the purchase price. All risks of loss of or damage to the equipment(s) and all liability arising out of Buyer's use or possession of the Equipment(s) shall pass to Buyer upon delivery of the Equipment(s). the seller is no longer liable and be held harmless on Buyer's third party transactions. ACH Payment Authorization Form Sign and complete this form to authorize the seller , to make a one time ACH debit to your business bank account. By signing this form you give us permission to debit your account for the amount indicated on or after the indicated date. This is permission for a single transaction only, and does not provide authorization for any additional unrelated debits or credits to your account.
Please complete the information below: ____________________________ , hereby authorizes the seller to charge its business (company name) bank account indicated below for _____________ on or after ___________________. (amount) (date) Company Name ____________________________ Billing Address ____________________________ Phone# ________________________ City, State, Zip ____________________________ Email ________________________ Ref/Invoice No. ___________________________ _ Account Type: [ ] Checking [ ] Savings Name on Acct _______________________________ Bank Name _______________________________ Account Number _______________________________ Bank Routing # _______________________________ Bank City/State _______________________________ SIGNATURE_____________________________________ DATE___________________ NAME _________________________________________ TITLE ___________________ I certify that I'am an authorized representative of the Company indicated above and that I have the authority to authorize this payment on the Company’s behalf. Company understands that because this is an electronic transaction, these funds may be withdrawn from its account as soon as the above noted transaction date, and that it will have limited time to report and dispute errors. In the case the transaction is returned for Non Sufficient Funds (NSF) Company understands that the seller , may at its discretion attempt to process the charge again within 30 days, and agrees to an additional $25 charge for each attempt returned NSF, which will be initiated as a separate transaction from the authorized payment. Additionally invoices not paid within 30 days of invoice date will be subject to a 1.5% per month finance charge beginning 31 days after invoice date. Company has certified that the above business bank account is enabled for ACH transactions, and agrees to reimburse the seller for all penalties and fees incurred as a result of Company’s bank rejecting ACH debits or credits as a result of the account not being properly configured for ACH transactions. Both parties agree to be bound by NACHA Operating Rules as they pertain to this transaction. Company acknowledges that the origination of ACH transactions to its account must comply with the provisions of U.S. law. Company agrees not to dispute this transaction with its bank provided the transaction corresponds to the terms indicated in this authorization form.