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IJN Distribution, Inc. - Conditions of Sale
ALL QUOTATIONS AND SALES ARE SUBJECT TO
THE FOLLOWING TERMS AND CONDITIONS
CONTROLLING PROVISIONS
These terms shall supersede my provisions, terms and
conditions contained on my confirmation order, or other
writing Buyer may give or receive, and the rights of the
shall be governed exclusively by the provisions, terms
and conditions hereof. If a purchase order on a form
provided by Buyer in any way conflicts with or is
inconsistent with the conditions herein, the terms and
conditions of these Conditions of Sale will prevail.
SHIPMENT
All prices are F.O.B. Seller's distribution center.
Method and route of shipment are at discretion unless
the Buyer supplied explicit instructions. All shipments
are insured at Buyer's expense and made at the Buyer's
risk. All freight, express delivery charges to be paid
by the Buyer, or charged as a separate item to the
Buyer. The acceptance of merchandise by a common carrier
shall CONSTITUTE DELIVERY. Title to goods held for
shipping instructions or held at the request of the
Buyer shall pass to the Buyer upon assembling of such
goods and upon notice thereof to the Buyer, and
thereafter such shall be held at the Buyer's risk.
Partial deliveries shall be accepted by the Buyer and at
contract prices upon maturity of bills thereof. If my
part of the merchandise is not by the Seller, or is not
in accordance with the contract, the contract for the
remainder merchandise and the Buyer's obligations there
under shall not be affected thereby. In to the net price
stated herein, the Buyer agrees to pay to the Seller any
increases in account of this transaction or my operation
thereof, including costs of materials resale Federal,
State, or Municipal legislation, regulation, order or
action dealing with taxes, taxes, wages and hours,
allocations or price controls. No liability shall attach
to the Seller in the event delivery or other performance
under this contract is prevented or restricted
allocations, controls, or regulations imposed by
legislation or by my governmental agency. In that event
Buyer agrees to accept such partial delivery as the
Seller may be able to.
CREDIT
In case my bill shall not be paid when due, all sums
owing under this and other contracts between Seller and
Buyer shall, at the option of the Seller, become due at
once, irresolute terms of sale, and Seller may defer
delivery under this and such other contracts until sums
shall be paid and for a reasonable time thereafter.
Buyer shall pay interest at tl rates charged by
commercial banks in New York City or the maximum
interest rates | by the laws of the Buyer's
Jurisdiction. Interest shall be charged from the day
such ar due until paid, and Buyer agrees to pay all of
Seller's costs and expenses incurred in from Buyer,
including fees of Sellers counsel, whether in-house or
outside counsel. The amount of credit specified herein
shall be subject to change by the Seller but in no event
shall the Buyer be released from liability by reason of
my such change unless Seller cancels the agreement in
writing. If the total amount under the contract of Buyer
exceeds the line from time to brae established by the
Seller, or If Buyer fails to make payment on pas
invoices, or in the opinion of the Seller the financial
conditions of Buyer warrants it, Seller may limit or
cancel the credit of Buyer as to time and amount. Seller
may then demand payment cash before delivery of my part
of the merchandise in cash before delivery of my part of
the merchandise and upon failure by Buyer to make within
ten (10) days after written demand. Seller may cancel
contract.
DELAYS
Seller will not be liable for any delay in the
performance of orders or contracts, or in the delivery
or shipment of goods, or for any damages suffered by
Buyer when such delay is directly or indirectly caused
or arises from fires, floods, accidents, riots, acts of
God,' government interference or embargoes, strikes,
labor difficulties, shortage of labor, fire power,
electricity, materials, or supplies, transportation
delays, or my other cause be Seller's control. Seller
shall not be liable for consequential damages or for any
damag esreason of Buyer's inability to obtain substitute
goods or for special damages, even if 5 aware thereof.
Seller shall not be liable for non-delivery or late
delivery, if Seller's su| to deliver or are late in
delivering materials.
TAXES
Prices on goods specified herein are exclusive of all
Federal, State, County and City taxes, including but
without limiting the generality of the foregoing, taxes
on manufactured sales, receipts, gross income,
occupation, use and similar taxes. Where applicable,
SALES taxes will be added to the invoice as a separate
charge to be paid by the Buyer.
SELLERS RIGHT TO POSSESSION
Seller shall have the right, at my time, and without
prior notice to Buyer, for credit re because of Buyer's
default or because of government price controls or
allocation, to v shipments, in whole or in part, to
recall goods in transit, retake same and repossess <
which may be stored with Seller for Buyer's account.
Buyer consents that all the merchandise so recalled,
retaken or repossessed shall become the property of
Seller, with Buyer responsible for full credit.
CANCELLATION
An order accepted by Seller can be canceled by Buyer
only with Seller's prior written and upon terms that
will indemnify Seller against loss.
ACCORD AND SATISFACTION
Any check or remittance received from or for the account
of the Buyer may be accept applied by Seller against any
indebtedness or obligation owing by the Buyer, without
to or discharge of the remainder of my such indebtedness
or obligation regardless of condition, statement, or
notation appearing in or accompanying such check or
remittal.
RETURNS INFORMATION
To receive full credit, invoice numbers, dates and
discounts must be provided for easy access required
information is not provided, customer's account will be
credited at the highest category discount.
OVERSTOCK RETURNS
Overstock returns must be in clean, saleable condition
and all titles must be in print.
OUT OF PRINT AND DISCONTINUED
All out of print titles are returnable for full credit
up to 6 months after the title is taken out of print.
Notification of out of print titles will be published in
the Publishers' Weekly.
DAMAGED ITEMS
Returns for damaged titles should be sent no later than
60 days from the invoice date
SHORT SHIPMENT, NON-RECEIPTS & MIS-SHIPS
Credit must be claimed within 60 days of the invoice
date. Please contact Customer #
(954) 476-0406 if you have
any questions or require additional assistance.
ITEMS RETURNED IN ERROR
Titles returned erroneously (e.g. out of print, not our
publication) will not receive credit and will be
returned at the customer's expense.
CALENDARS, VIDEO, AUDIO TAPES & CDs
All calendars must be returned before March 1st. Video
and audio tapes and CD's are returnable if the shrink
wrap is unbroken.
STRIPPED COVERS
Returns accepted on pre-designated titles only. Contact
your Sales Representative for info.
WARRANTIES
There is no implied warranty of merchantability or of
fitness for a particular purpose is this agreement or
the merchandise, and any such warranty is excluded.
Seller makes express warranties of any kind regarding
the merchandise except those specified in v signed by
Seller.
ENTIRE AGREEMENT
This contract constitutes the entire agreement between
the parties and it cannot be changed, modified or
amended. Any change, modification or amendment to be
effect be in writing and signed by both parties. This
contract is governed by Florida law an parties consent
to the jurisdiction of the Miami-Dade County, GFlorida
courts over any matter out of this contract.
PAYMENT TERMS ARE NET 30 DAYS
