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1. All sales are expressly conditional on Buyer's agreement to the standard terms and conditions hereinafter set forth. No additional or different terms apply unless expressly agreed to in writing by M. Spiegel & Sons Oil corp. d.b.a. SOS Fuels ("Seller"). Seller hereby gives notice of its objection to any different or additional terms. The terms and conditions contained herein shall be binding upon the initial order and upon all future orders.
2. New Customers ("Buyers") will be required to pay c.o.d. for all initial orders. All accounts must have an approved current credit application on file. If an account has been inactive for over a year, Buyer must furnish SOS Fuels with a new credit application upon request. Applications for credit may take five (5) working days to be reviewed and approved by Sellers credit department. Any credit application that is faxed to Seller's Office must be followed up with the original credit application, executed in ink, being delivered to Seller before credit will be issued.
3. All sales are made f.o.b. destination when delivered by SOS Fuels unless otherwise agreed by Seller. Buyer has risk of loss after delivery by Seller. When delivery is by common carrier f.o.b. point of shipment, reasonable shipping instructions given by Seller to carrier shall be deemed to have been given to the carrier as agent for the Buyer.
4. Once credit has been issued. Payment in full must be made no later than 10 days from the date of invoice by credit card payment or Electronic Funds Transfer. Failure of Buyer to make timely payments shall constitute a default. Any invoice unpaid after 10 days shall be subject to a finance charge of 1.5% per month on amounts outstanding beyond credit terms.
5. Price quotations will not contain any local, state and or federal tax unless specifically requested by Buyer in writing. Taxes and freight charges shall be added as applicable.
6. If in Seller's sole judgment Buyer's credit shall become impaired at any time, Seller shall forthwith have the right to decline to make shipments hereunder except for cash on delivery until such time as Buyer's credit has been reestablished to Seller's satisfaction. Seller, to the full extent permitted by law, reserves the right to reclaim goods where the Buyer's credit has become impaired.
7. In the event Buyer defaults in payment of any invoice, all remaining invoices plus all finance charges shall immediately become due and payable without notice, together with, in the event an attorney is used to effect collection, 33 1/3% of the balance due as reasonable attorney's fee. Buyer waives the right to interpose or assert any action or arbitration.
8. The goods sold hereunder are sold with all faults and "as is". All warranties, express or implied, including any warranties of merchantability, usage of trade and fitness for a particular use are disclaimed. Seller hereby disclaims any liability for defects, of any nature whatsoever, including design defects and malfunctions that relate to performance or safety. The only warranty applying to products sold by Seller, is the warranty provided by the manufacturer, if any.
9. Shipping dates and times are approximate. Orders are accepted with the understanding that Seller will make a best faith effort but not obligated to make deliveries by any specific dates and assumes no liability for damages due to delay in filling same. If delivery dates are specific, they cannot be guaranteed and are estimates only. Seller shall not be liable for late deliveries or non-deliveries due to fires, floods, wars, governmental action, civil commotion, strikes, labor trouble or shortage, inability to procure deliverable goods, breakdown of machinery or equipment, acts of God or any other cause beyond Sellers direct control. If by reason of any such cause provided herein the Seller's supply and materials specified in Buyer's order shall be limited, Seller, shall have the right to allocate its available supply to any other purchaser(s) without liability.
10. Orders must be canceled prior to shipment by Buyer and agreed to by Seller. If orders ship prior to cancellation or orders cannot be delivered on the first attempt and subsequent attempts a shipping charge of 10% of the sale price and/or not less than $90.00 will be billed for each occurrence and payable within credit terms.
11. No sales representative of Seller or Buyer has the authority to alter, vary waive any of the terms and conditions contained herein.
12. It is understood that Buyer has express knowledge to the condition of the "Tank System" and warrants the Tank System to be in good working condition. Buyer will bear sole responsibility for the Tank System which includes any or all of the following; tank(s), fuel line(s), piping, fittings, vent, vent alarm, gauge. Buyer holds SOS Fuels and M. Spiegel & Sons Oil Corp. harmless and will defend any action caused by leak(s) resulting from the failure of the Tank System. SOS Fuels can only be held responsible if the occurrence is expressly due to the negligence of SOS Fuels or one of its employees. If at any time the Buyer deems the Tank System unusable, Buyer must notify SOS Fuels immediately by phone and in writing by Certified Return Receipt mail.
BY SUBMISSION OF THIS CREDIT APPLICATION THE BUYER GRANTS PERMISSION TO M. SPIEGEL & SONS OIL CORP. TO VERIFY THE INFORMATION CONTAINED IN THIS CREDIT APPLICATION AND AGREES TO THE TERMS AND CONDITIONS CONTAINED THEREIN.