Worldwide Glass Glass Resources, Inc.
Terms and Conditions of Sales by the Company of "WWGR"
These terms, conditions, and instructions shall apply to all sales made in the United States of America, its territories and possessions by WORLDWIDE GLASS RESOURCES, INC ("WWGR") to you ("Buyer") from the date of your receipt of these terms (whether received by mail or by telephone, fax or other electronic means) until such time as you receive a revised edition of these terms and conditions or other notice from "WWGR" of their revocation. These terms, conditions, and instructions shall apply to all transactions between you and "WWGR" until such further notice unless your written objections are received by "WWGR" within thirty (30) days after you receive this document.
Additional or different terms, conditions, or instructions applicable to a particular sale may be specified in the body of a price quotation or sales acknowledgment from "WWGR" or in an exhibit thereto, and, in the event of a conflict, shall take precedence over these terms, conditions, and instructions. Price and delivery terms applicable to a specific sale of goods or materials may be evidenced by "WWGR"'s internal customer order form maintained by "WWGR", which shall be controlling.
1. INTERPRETATION: If these terms and those of any purchase order of buyer in connection with any sale conflict, these terms and conditions shall govern. All sales by "WWGR" are specifically limited to these terms and conditions and no additional terms will be accepted and no conditions, oral or otherwise, not specifically incorporated and signed by an authorized representative of "WWGR"'s Sales Department shall be effective or constitute a part of the contract of sale between "WWGR" and Buyer.
2. PRICE: Sales of goods and materials shall be at the price last quoted in US$ by "WWGR" or at "WWGR"'s prevailing list price, if no price has been quoted. The price noted on "WWGR"'s internal customer order form maintained by "WWGR" regarding specific orders shall be controlling.
3. DELIVERY: Unless otherwise agreed in writing, all sales shall be EXWORKS "WWGR" Plant. Unless otherwise expressly agreed, "WWGR" shall select the means of transportation and routing. Any specific delivery terms stated on "WWGR"'s internal customer order form maintained by "WWGR" shall be controlling. All freight rates stated are those named by the carrier and are stated without responsibility. Buyer is responsible for all rate charges at actual rates in effect at time of shipment. All freight bills are to be paid by Buyer, unless otherwise agreed. Any prepaid charges are payable upon receipt of invoices. Carrier manifest weights taken on scale nearest the loading point shall govern all shipments.
4. TAXES: Any taxes that are or may be levied by the United States or any state or political subdivision thereof on goods or materials subject to any sales contract, or on the sale or purchase thereof, or on the incidental transportation charges when the same are paid or required to be paid or collected by "WWGR" shall be billed to and paid by Buyer.
5. WARRANTIES: All goods and materials shall conform to "WWGR"'s specifications at the time of shipment from "WWGR"'s plant. At "WWGR"'s option, Buyer shall notify "WWGR" of any claim of nonconformity within ten (10) ten days after Buyer's receipt of product and discovery of such defect. Before any claim of nonconformity will be honored, "WWGR" must be given an opportunity, after receiving notice of Buyer's claim, to inspect the goods or materials claimed to be nonconforming.
RETURN PROCEDURE & GUIDELINES:
- Product determined to be defective will be issued a C.A.R. (Corrective Action Report) number and be authorized by WWGR for disposition at the "Buyers" location or be returned to WWGR for further examination at WWGR's expense. The "Buyer" may await product replacement or receive a credit or refund.
- Product being returned must have the C.A.R. number clearly marked on all outer carton(s)/pallet(s).
- Shipments not issued a C.A.R. will be refused at time of delivery.
- Product can only be returned within 3 months (90 days) from the date of purchase.
- Custom designed, packaged, labeled, bar-coded, silk screened, logo or non standard product are not eligible for return unless the goods are determined to be defective by WWGR.
- A 20% restocking fee will be assessed against the invoice value of the goods that have been preauthorized for return to WWGR due to no fault of WWGR. The "Buyer" will also bear all associated freight costs related to the return.
"WWGR" MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, CONCERNING MATERIALS OR GOODS SUPPLIES UNDER THESE TERMS AND CONDITIONS OR ANY CONTRACT TO WHICH THEY APPLY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY OF MERCHANTABLITY. THE WARRANTIES GIVEN UNDER THIS SECTION ARE EXCLUSIVELY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. "WWGR" SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL INCIDENTAL DAMAGES.
"WWGR" MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO DEFECTS IN OR NONCONFORMITY OF GOODS OR MATERIALS RESULTING FROM DESIGNS OR SPECIFICATIONS PROVIDED BY BUYER. "WWGR" ASSUMES NO LIABILITY FOR TECHNICAL ADVICE AND BUYER ACCEPTS SUCH ADVICE AT BUYER'S SOLE RISK.
6. LIMITATIONS ON CLAIMS: All claims, except for claims for breach of warranty under Section 5, must be made within ninety (90) days after "Buyer's" receipt of the goods or materials and failure to do so shall constitute a waiver by Buyer of any such claims. Claims for any damages to goods or materials in transit shall be made against the carrier. No claim or any kind shall be greater in amount than the price of the goods or materials in respect of which the claim is made.
7. ASSIGNMENT: All contracts governed by these terms and conditions shall be binding upon, and inure to the benefit of, Buyer and "WWGR" and their respective representatives, successors and assigns, except that no transfer or assignment by Buyer shall bind "WWGR" without "WWGR"'s prior written consent.
8. FORCE MAJEURE: "WWGR" shall not be responsible for any nonperformance or delay in performance as a result of any cause beyond its control, including without limitation, strikes, labor disputes, war, accidents, breakdowns, inability to obtain at reasonable prices, utilities, raw materials or operating equipment and machinery, or any act of God that is beyond "WWGR"'s control.
9. APPLICABLE LAW: All contracts governed by these terms and conditions shall be governed by and construed according to the substantive laws of the State of New Jersey.
10. SEVERABILITY: If any provision of these terms and conditions or any resulting sales documents are found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, nor shall it invalidate the other provisions hereof, all of which shall be liberally construed in favor of "WWGR" in order to effect the provisions hereof.
11. PAYMENT: Terms of Payment shall be as follows:
- a. WITHIN THE USA - 1%10, NET 30
- b. OUTSIDE OF THE USA – 1% 10, NET 45
- c. VISA/MC payments accepted. All credit card sales are subject to a 5% service charge or $25, whichever is greater.
- d. Payments not received within terms are subject to a 2% monthly charge on the outstanding balance
12. Minimum Purchase Order amount will be $250.00 (USD)
13. Minimum Purchase Quantity will be 1 case