Terms & Conditions of Sale
Terms
All prices set forth herein are subject to change without notice and all orders will be invoiced at the price prevailing at the time of shipment.
Trade Customs
All sales are subject to recognized paper trade customs, including overruns and under runs. Any exceptions must be agreed to in writing.
Claims
All claims of any nature pertaining to shipments must be made in writing within fifteen (15) days after receipt of merchandise; otherwise claims will not be allowed. No claims will be allowed after paper is cut, ruled, printed, punched or otherwise altered.
Liability
We will not be liable for any default or delay arising from or out of any cause or contingency beyond our control or the control of our suppliers affecting either ourselves or our suppliers, including, but not limited to, strikes, lockouts, riots, sabotage, insurrection, floods, droughts, fires, wars, embargoes, acts of God, Government priority or regulations, delays of transportation or inadequate supply of goods.
All merchandise sold by us is sold subject to Public Law 95-473(HR 10965) and I.C.C. Regulations on Freight Claims (Ex Parte 263H 9CFR 1005). We will not recognize any claim for damage to merchandise caused by any transportation company, including parcel post, railroad or air shipments, etc., unless you shall note exceptions covering such damage against the carrier at the time you accept delivery from the carrier in full compliance of the above laws and regulations.
All orders or contracts are accepted with the understanding that they are subject to our ability to obtain supplies of finished products, and all orders or contracts as well as shipments applicable thereto are subject to our supplier’s current mill schedules, and other government regulations, orders, directives and restrictions that may be in effect from time to time.
In any such event we will be free to deliver any goods remaining or becoming available to fill any orders, in whole or in part, without any requirement of allocation of such goods among different customers. In no event will we be liable for any consequential or incidental damages.
Financial Condition
We reserve the right to alter or suspend credit, to defer shipments, in whole or in part, to recall goods in transit, re-take same, and repossess all goods which may be stored in our possession for the Buyer’s account, and to cancel any and all unfilled orders at any time, without the necessity of taking any other proceedings, when, in our opinion, Buyer’s financial condition warrants it or Buyer consents that all merchandise so recalled, re-taken or re-possessed shall become our absolute property, provided Buyer is given credit therefor. The foregoing shall not be construed as limiting, in any manner, any of the rights or remedies available to us because of any default of the Buyer under the Uniform Commercial Code.
Taxes
Buyer is liable for and shall pay all taxes or charges imposed by local, state or federal governments which are payable by reason of a sale or delivery made by us.
Warranties
NO REPRESENTATIONS, AFFIRMATIONS, SPECIAL ARRANGEMENTS, PROMISES OR STATEMENTS MADE BY US OR BY ANY OF OUR SALESMEN OR AGENTS NOR ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WILL BE BINDING UPON US UNLESS ENDORSED BY US ON OUR ORDER OR ACKNOWLEDGMENT FORMS.
Cancellation
An order once placed with and accepted by us can be cancelled only with our consent and upon terms that will indemnify us against loss.
Returns
Arrangements must be made with sales or customer service prior to returning product. All returns subject to freight or delivery charges to and from customer dock, plus a 15% restock charge. Stock must be in saleable condition upon return.
Interest on Overdue Accounts
Overdue invoices shall bear interest at the rate of 1-1/2% per month.
Governing Law
Orders placed with Gould Paper Corporation shall be governed by the laws of the State of New York and any actions or proceedings with respect to such orders shall be brought only in the state or federal courts in New York City. THE PARTIES WAIVE TRIAL BY JURY.
General
These terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation order, or other writing the Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. Any attempt to alter or omit any of such terms shall be deemed a rejection and a counter-offer.
