Terms of Sale
All sales by HEKMAN are made on the following terms and conditions. “We”, “us”, and “our” refer to Hekman and “you”, “your” and “yours” refer to the Buyer. “Goods” refer to the product or products to be sold by us to you.
1. Agreement. If you have not otherwise agreed to these terms of sale, including any terms set forth on the INVOICE or in any attachments hereto, your acceptance of delivery of, or payment for, the goods will indicate agreement to these terms. WE OBJECT TO AND WILL NOT AGREE TO ANY ADDITIONAL OR DIFFERENT TERMS THAT MAY APPEAR ON ANY PURCHASE ORDER OR OTHER PAPER YOU SEND TO US. You have not made any promises or representations to us, and we have not made any to you,that are not part of this Agreement. Any addition of, change in, or waiver of, any provision of this Agreement must be made in a writing signed by our authorized representative.
2. Notice. Any notice required hereunder shall be given in writing to us at our office in Zeeland, Michigan and to you at your home office, unless you designate in writing another address for such notices.
3. Price and Payment Terms. The price and terms of payment are indicated on the front of the INVOICE. All prices and any discounts are subject to change without notice and we reserve the right to charge the prices in effect at the date of shipment. Our stated price does not include any privilege, occupation, personal property, value-added, sales, excise, use, or other tax, and you shall be liable for all applicable taxes, whether or not invoiced by us. If you claim an exemption from such taxes, you must furnish an appropriate exemption certificate to us. Orders are invoiced at the time of shipment or at the time of partial shipment in the case of multiple shipments and payment is due in accordance with the terms specified on the front of this invoice. A service charge of one and one-half percent (1-1/2%) per month (eighteen percent (18%) annual rate) will be charged on all past due accounts.
4. Shipment and Risk of Loss. We may ship all of the goods at one time or in portions from time to time. All shipments will be F.O.B. our warehouse. We will select the method of shipment and routing unless otherwise specified by you. If we incur added cost because we complied with your special shipment request, the added cost will be invoiced to you. Risk of loss shall pass to you at the time we place the goods in the possession of the original carrier.
5. Delivery. Shipping dates are estimates only, and time is not of the essence. All deliveries are subject to modification or cancellation due to (a) events beyond our control including, but not limited to, storms floods, acts of God, fires, strikes, walkouts or other labor difficulty, riots or other civil disturbances, war, acts of civil or military authority, or unavailability of raw materials or transportation, (b) our insolvency or other inability to perform, or (c) commercial impracticability. In the event of any such delay, the estimated date of delivery shall be extended for a period equal to the time lost because of the delay. In addition to any other right which we may have under this Agreement or under any law, we may suspend shipment of any goods for which we have not already received payment whenever you are in default under this or any other contract of sale between us.