1. PARTIES: Taylor Upstate, will be referred to as “seller” and the person, business entity or company purchasing as indicated on the contract hereof will be referred to as “Buyer”

2. PAYMENT TERMS: Buyer understands and agrees to pay all charges based on the terms of the sales contract. All sales terms are subject to approval. Buyer agrees to pay all charges within the established terms. If payment is not issued, buyer understands that a 1 ½% charge are Be added to buyers account at the end of each month for any balance 15 days or more past-due, of delivery date.

3. PRICE ADJUSTMENT: The prices stated should herein do not include any sale, use or other taxes unless so stated specifically. Such taxes will be added to invoice prices in whose instances and which Seller is required to sell them to Buyer; provided, however, that if Seller does not collect any such taxes and is later asked or required to pay such to any taxing authority. Buyer will make sure payment to Seller or, if requested by Seller, Directly to such taxing authority. At Seller’s option prices may be adjusted to reflect any increase in the Seller’s cost resulting from state, Federal, or local legislation, or any change in the rate or classification of any freight carrier.

4. FREIGHT; TITLE AND RISK; SHIPMENT: unless otherwise specified by seller, all prices are F.O.B NY. Regardless of the manner of shipment, title to any products described on the front hear of and risk of loss or damage there too shall pass to Buyer upon tender to the freight carrier to sellers designated resignation. No deferment of shipment of Buyer’s request will be made except upon terms that will indemnity Seller against all loss and additional expenses, including, but not limited to, demurrage, handling, storage and insurance charges.

5. SERVICE & WARRANTY: all the equipment covered under manufactures warranty or by seller’s warranty must be serviced by a seller or authorized agent of seller. Failure to utilize sellers service provided or authorized agent may result in a void/ loss of any remaining warranty’s

6. LIMITATIONS OF LIABILITY: the following statements made in lieu of all warranties, express or implied: Seller has no obligation to replace product or equipment provided to be effective. Seller shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use of, or the inability to use the product. Before using, user shall determine/ the suitability of the product for his her intended use, and user assumes all risk of liability whatsoever in connection therewith. Before going may not be changed except by the agreement signed by an officer of Seller.

7. COLLECTION FEE; ACTIONS; ATTORNEY FEES; AND VENUE: if the account is referred to a collection agency, the buyer agrees to pay all costs of collection, and the collection fee may be added to the principal upon placement with the collection agency. In the lawsuit between Seller and Buyer for any claims arising out of any sale, Buyer agrees to pay all costs of collection, including any collection fees, incurred court costs, and reasonable attorneys fees, if the seller is the revealing party. Any lawsuit brought by Buyer against Seller for any claim arising out of the scale must be commenced within (1) year from delivery date. It is agreed that proper venue for any lawsuit between Seller and Buyer should be in Albany County, New York.

8. CONTINGENCIES: Seller shall not be liable for any default or delay in performance if caused directly or indirectly, by acts of God; ware; force of arms; fire; the elements; riot; labor dispute; picketing or other labor controversies; sabotaged; civil commotion; accidents; any government action; prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival or any labor, material or equipment used in product or equipment covered here by; failure of any party to perform any contract with Seller relative to the production of the products or equipment covered hereby; or from any cause whatsoever beyond Sellers control, whether or not such cause by similar or dissimilar to those enumerated.

9. LOSS TO BUYER’S PROPERTY: Seller shall not be liable for and shall have no duty to provide insurance against any damage or loss to any goods or equipment of Buyer which are used by Seller in connection with this order.

10. (A) BUYERS OBLIGATION; RIGHTS TO SELLER: If Seller shall at any time doubt Buyer’s financial responsibility Seller may decline to make shipments hereunder except upon receipt of cash payment in advance or security or other proof of responsibility satisfactory to Seller. If Buyer fails in anyway to fulfill the terms and conditions on the contract hereof, Seller may differ further shipments until such default is corrected. Remedies provided to Seller herein shall be in addition to, and not in lieu of, other remedies provided by New York law.

(B) STORAGE/ WAREHOUSING: Buyer’s obligation is to take delivery of equipment and/or products by the date established on the sale contract. A 2% storage/warehouse fee will begin accruing 30 days after the established delivery date. Fees will be charged monthly to the Buyer for storage/warehouse and handling. Buyer understands and agrees to pay all charges within 15 days of the invoice date.

11. CANCELLATIONS: after except with Seller’s written consent and upon terms they’ll indemnify Seller’s against all direct, incidental and consequential loss or damage. A 20% restocking charge may apply. Deposit amount is at the discretion of Taylor Upstate.

12. LIMITATION ON ASSIGNMENT: the Buyer may not assign any of its rights or obligations hereunder without the prior written consent of the Seller.

13. EXPORT: Buyer will furnish all consular and custom declarations and will accept and bear all responsibility for penalties resulting from errors or omissions there on.

14. ENTIRE AGREEMENT: This documentation contains the entire agreement between Seller and Buyer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior contemporaneous written or oral agreements or negotiations with respect to such terms as are included herein or are the subject matter here of being merged without exception, all the terms and conditions, unless Buyer shall have expressly advised Seller to the contrary in a written instrument signed by one of the Seller’s corporate officers.

15. SERVERABILITY: In the event that any word, phrase, clause, sentence or other provision here of shall violate any applicable statue, ordinance or rule of law and in any jurisdiction in which it is used, such provisions shall be ineffective to the extent of such violation without invalidating any other provisions here of.

16. GOVERNING LAW: this document in the sales of any goods hereunder shall be governed by and construed in accordance with the laws of the state of New York. Whenever there is a conflict of laws, the laws of the state of New York shall prevail.

17. DISCLAIMER: detailer company or its representative distributors make no claim as to the guaranteed sales, cost, or profits. Profitability depends on the number of factors, including volume of customers business, prevailing regional prices, competition, overhead and other factors.

A copy of these Terms and Conditions may be obtained Here

Terms & Conditions