BroadLeaf
Recycling
General
Terms and Conditions of
1.
Force
Majeure
- Manufacture, shipment and delivery are subject to, and Seller shall not be
liable for any delay in or impairment of performance resulting in whole or in
part from, any war (whether or not declared), strike, difference with workmen,
accident, fire, flood, Acts of God, delay in transportation, shortage of
materials, equipment breakdowns, mill conditions, laws, regulations, orders or
acts of any governmental agency or body or any cause beyond the reasonable
control of the Seller, or if performance by Seller becomes impracticable due to
the occurrence of a contingency, the non-occurrence of which was a basic
assumption on which the sale was made.
2.
Applicable
and Governing Law - This
Contract shall be treated as a contract made in the State of
3.
Payment
– All sales are “Cash in Advance” unless other mutually acceptable payment
arrangements are made in advance with a particular Buyer. If
Buyer shall fail to comply with any provision of sale or to make payments that
are not in accordance with the terms of any auction contract between Buyer and
Seller, Seller may take its option to defer shipments or without waiving any
other rights, terminate this contract.
4.
Shipment
- Terms are: F.O.B. Seller’s listed location and Buyer shall pay all shipping
costs. Title and risk of loss passes to Buyer after Seller delivers the Goods to
the carrier. All claims for damages
incurred during shipment shall be made by Buyer directly to the carrier.
Shipment shall be made freight collect, unless otherwise stated herein (in which
case shipment shall be made freight prepaid and a freight charge shall be
included in Seller’s invoice).
5.
Warranty
- Material is sold "As is, Where is".
Buyers may inspect all materials prior to bidding. Seller represents that material to be
shipped is as stated in online offering and online announcement. In the case of any discrepancies between
these, the bid offering representations and specific selling terms and
conditions will apply. No other
representations are made.
6.
Claims
- Claims by Buyer must be made immediately upon receipt of material by phone and
email (or fax), prior to unloading, and followed-up in writing within 15 days of
receipt of shipment. Buyer shall
set aside, protect and hold such goods without further processing until Seller
has an opportunity to inspect and advise of the disposition, if any, to be made
of such goods.
7.
Taxes
- Any tax which Seller may be required to pay or collect, through assessment or
otherwise, under any existing or future law upon or with respect to the sale,
purchase, delivery, transportation, exportation, storage, processing, use or
consumption of any goods or services described herein, including, without
limitation, taxes upon or measured by receipts from sales or services, shall be
for the account of Buyer and may be added to the price of such goods or
services. Buyer shall promptly pay the amount thereof to Seller upon demand but
may, in lieu of such payment, furnish to Seller evidence of the issuance of tax
exemption certificates acceptable to the appropriate taxing
authorities.
8.
Waiver
- Any waiver by Buyer or Seller of a breach of a term or condition of the
Contract shall not be construed as waiver of any other breach of any other term
or condition, or a waiver of any similar future breach of the same term or
condition.