Effective June 15, 2005
FREIGHT TERMS AND CONDITIONS:
- Freight charges will be billed additional for increase in fuel surcharges and extraordinary delivery situations such as inside delivery.
- All freight quotes are based on deliveries to the back of the truck or a loading dock without driver assist, unless otherwise noted.
- Carrier shipping transit days are approximate and are not guaranteed unless the fee is paid to guarantee normal ship days. Even under guaranteed normal ship day service, the trucker's responsibility is limited to the amount of the freight invoice.
- We are not responsible for products once we have transferred control to the appropriate freight vendor, but will assist in filing of claims on your behalf, should they arise.
- All accessorial charges or difficult deliveries will be billed to your account.
- Inside delivery is quoted as reasonable and does not technically include stairs, difficult to reach locations, or great distances. Extra charges or refusals may apply.
- If you are not available and an accessorial charge decision must be made, we will perform the necessary service and bill you the proper charge.
- Residential delivery service applies to any normally non-commercial address. Businesses in homes are considered residential deliveries. If in doubt ask for verification of your particular situation. In all cases if residential delivery is performed you are responsible for that accessorial charge.
- Redelivery charges can be higher than the accessorial estimate. Also, any additional services required will be billed over and above the redelivery and initial freight charges.
- Also subject to all terms and conditions located on the Shipping Bill of Lading.
TERMS AND CONDITIONS OF SALE:
- All sales are final upon order and are not returnable. If an order is cancelled the customer is responsible for all incurred costs up to the time of cancellation, including but not limited to artwork, setup charges, proofs, label printing, and finished product. Printed labels not yet applied to the bottle will be billed at .05 per label plus set-up and art charges.
- Accounts are on a C.O.D. Cash or Certified Check basis until other arrangements are approved.
- A returned check charge of $35.00 per occurrence will be charged for all returned checks.
- All accounts are liable for all reasonable collection costs, attorney fees, court costs, and/or any other costs associated with a collection action so as US Bottling, it's assigns, or companies it represents will net a minimum of the amount due with interest, which is billed at 2 percent per month.
- Account agrees to pay interest at a rate of 2 percent per month on all overdue balances.
- Requests of proof of delivery are subject to a $10.00 charge per shipment. The charge will be canceled if delivery was not made as invoiced.
- Account agrees to all prices, fees and terms as presented in the pricing sheets. Prices are subject to change without notice.
- All claims for internal damages must be made within 72 hours of receipt of goods to be considered valid. Claims for external damages must be noted on the bill of lading at the time of delivery to be valid. We will not be responsible for any claims if there is no exception noted on the delivery bill of lading.
- All parties agree to have any and all legal actions subject to the laws and provisions of Maryland and agree to a venue of Baltimore City, Maryland for any and all actions.
- In any case, no matter the fault, our liability is limited in all cases to the amount of our invoice.
- This document covers all sales of US Bottling.
- Company is granted a purchase money security interest under the Uniform Commercial Code and/or other applicable laws in each item of merchandise purchased on the Account, to the extent permitted by law, to secure the purchase price of the merchandise (including set up charges, freight costs, sales tax and any other cost) until that amount is paid in full. If you do not make payments as agreed, this security interest allows Company to repossess, to the extent permitted by law, the merchandise which has not been paid in full. It also allows Company to collect any balance not paid from any end user company or individual if direct Account is a distributor or resells or otherwise transfers the merchandise interest to another company or party.
- Accounts agree that no discount, credit, or offset may be taken for any reason without expressed written permission. Account agrees that the full amount of the invoices will be paid if Company does not agree with any discount, credit or offset at Company’s sole discretion.