Terms of service
SALES AGREEMENT
1. I/we make application to Big Sky Epoxy Supply / U.S. Resin Supply & Manufacturing Montana (hereinafter referred to as "Seller") for credit and/or to obtain further credit with Seller. I/we further agree to the sales terms set forth herein. This agreement amends, modifies and supersedes any and all prior written and/or oral discussions and agreements. Any such prior discussions and agreements are merged herein. Terms of sale are Net 30 days from invoice date, unless otherwise stated on invoice. Further I/we agree to be bound by all termsand conditions contained on the reverse side of Seller's invoices, which terms are incorporated herein. I/We authorize Seller to use 3rd parties to verify and inquire as to credit information and to make credit checks and inquiries, including contacting banks and/or other 3rd parties to obtain additional credit information.
2. If credit is granted, we promise to pay all bills when rendered, and agree to pay interest on past due balances at 18% per annum. If such rate is not allowed by law, interest shall accrue at the highest rate allowed by law.
3. I/we agree to pay upon demand all of Seller's cost and expenses, including attorney's fees and legal expenses, incurred by Seller in connection with collection of any amounts owed to Seller. This includes all attorney's fees and other expenses relating to defenses, affirmative defenses and/or counterclaims that I or we may raise in any collection action initiated or pursued by Seller. Seller may pay someone else to help enforce this credit agreement and I/we shall pay the cost and expenses of such enforcement, including all attorney's fees and legal expenses whether or not there is a lawsuit, including attorney's fees for bankruptcy proceedings and appeals.
4. Venue. Venue and jurisdiction of any suit or legal action may be had in Missoula, Ravalli County, State of Montana, at the sole option of Seller.
5. I/we agree to notify Seller in writing prior to any change of ownership and shall be liable for purchases of any successor should notification not be given.
6. I/we agree that claims for shortages and/or notice of non-conforming goods must be made in writing within 48 hours of delivery. The sole and exclusive remedy for non-conforming goods shall be replacement or refund of payment at Seller's option.
7. WARRANTY. SELLER warrants the epoxy products and materials sold are as described in Seller's invoice(s). Products not manufactured by Seller are not warranted by Seller and carry only the warrant(ies) of the manufacturer. SELLER DISCLAIMS ANY AND ALL WARRANTIES (EXPRESS AND IMPLIED) CONCERNING OR RELATING TO ANY AND ALL PRODUCTS INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. I/we agree that Seller's liability with respect to this contract, any warranty, or the manufacture, delivery, or use of any products under this contract shall not exceed the stated selling price of the products upon which any such liability is based. I/we agree that Seller shall not be liable for any incidental or consequential damages.
9. To the extent the terms of this agreement conflict with the terms of any other agreement I/we have with Seller, the terms of this agreement shall prevail unless Seller expressly agrees in writing that the terms of this agreement are modified and such agreement expressly modifies this agreement and refers to this agreement by date and title.
10. No terms or conditions of purchase orders different from the credit terms contained in this agreement will become part of any sales agreement, purchase order, or other document, unless specifically approved in writing by Seller and referring to this agreement by date and title.
11. ORAL AGREEMENTS OR ORAL COMMITMENTS TO EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE.
CERTIFICATION
This is to certify that the aforementioned epoxy materials and products are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the Department of Transportation.
EMERGENCY CONTACT
Big Sky Epoxy Supply / U.S. Resin Supply & Manufacturing Montana
Phone: (406) 544-6974
LIMITATION OF WARRANTY AND LIABILITIES
Big Sky Epoxy Supply / U.S. Resin Supply & Manufacturing Montana makes no express or implied warranties of fitness or Merchantability. Warranties or representations by applicator or manufacturer are not those of Big Sky Epoxy Supply. The exclusive remedy of the buyer and the limit of liability of Big Sky Epoxy Supply or any other seller for any and all losses, injuries or damages resulting from the use, application or handling of this product shall be the purchase price paid by the user or buyer for the quantity of this product involved. The buyer and all users are deemed to have accepted the terms of this notice which may not be varied by any verbal or written agreement.