General Terms and Conditions: Any Variations in these terms and conditions shall not be binding unless it is signed in writing by one of Westans'(the "Seller") executive officers. No waiver of any breach of any terms, conditions or obligations thereof shall be deemed a waiver of similar terms in the future, nor shall the waiver of any breach be deemed a waiver of subsequent breaches, or the same on other nature.
Buyer's Solvency: Buyer represents and warrants that it is able to pay its debts as they become due, is in fact now paying its debts in the ordinary course of business, and is not insolvent within the meaning of the federal bankruptcy laws. Buyer makes these representations and warranties with full knowledge that Seller is relying thereon in extending any credit hereunder.
Terms: All accounts are due and payable on the last day of the month following delivery. A late charge of 1 1/2 % per month, which is an annual percentage rate of 18%, or a $.50 minimum charge per month, whichever is greater, will be charged on all past due accounts.
Buyer agrees to pay to Westan any actual costs of collections, including litigations costs and attorney's fees incurred in recovering past due accounts. All agreements and transactions are to be governed by California Law.
In the case Buyer shall fail to make payments on these or any other contract between Buyer and Seller in accordance with Seller's terms. Seller may defer future shipments and sales until such payments are made or may, at its option, cancel unshipped orders. Seller reserves the right to refuse all orders deemed unacceptable by reason of terms of payment, financial responsibility, or other sound business reason. Seller retains, and Buyer hereby grants, a security interest in the goods, including all accessions to and replacements of the goods until Buyer has made payment in full. Buyer shall cooperate fully with Seller in executing documents, including a Uniform Commercial Code financing statement, and accomplishing such filing, and/or recordings thereof, as Seller may deem necessary for the protecting of such security interest.
Seller expressly reserves its rights to enforce and collect this account when due at the customers expense.
Seller does not accept completed supplied voucher forms. $20.00 re-billing charge on unearned discounts and/or deductions.
Errors and Omissions: Seller reserves the right to correct clerical errors and omissions. Seller reserves the right to change price, specifications and manufacturer without notice.
Regular Waiver: All deliveries and sales are made on waiver of claims, damages and reclamations of every kind. Materials are guaranteed only as to content as required by State statute. Seller is not responsible for inability to deliver if unable to get supplies from producers as contracted or for delays due to causes beyond his control.
Technical Services: All technical services, including but not limited to field checking, are advisory only. They supplement, but are not a substitute for, the customer's own care and expertise.
Refused Shipment: If the Buyer refuses to accept a shipment for any reason, Seller is entitled to be compensated for all shipping charges and 15% of order value. (but in no case less than $5.00)
Seller MAKES NO EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKES NO IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR PURPOSE.
Return Policy: Only product in good resalable condition will be considered for return. Returns must be made within 21 days of original invoice to