Terms and Conditions of Sale
(1) GENERAL All orders and contracts are subject to acceptance by JCM Industries, Inc. at Nash, Texas. The terms as hereinafter written shall supersede the terms of the customer order in the event of contradiction or inconsistency. Prices, terms and conditions published by JCM Industries, Inc. are subject to change without notice. (2) TERMS OF PAYMENT Minimum net billing is fi fty U. S. dollars ($50.00) on all orders. To encourage early payment a one percent (1%) Cash Discount will be allowed on all invoices paid not later than fi fteen (15) days from invoice date. Payment of full invoice amount is due within thirty (30) days from invoice date. Past due accounts are subject to the maximum legal rate of interest. Payment is to be in U.S. dollars. (3) TAX All sales, use or other taxes imposed on any transaction between JCM Industries, Inc. and the Buyer shall be paid in full by Buyer. Such taxes will be added to the amount Speci fi c bids and quotations will be honored for thirty (30) days from written quotation unless otherwise speci fi ed therein. Buyer may with the express written consent of JCM Industries, Inc. make changes in the speci fi cations for material or work covered by the contract. In such event the contract price and delivery dates shall be equitably adjusted. JCM Industries, Inc. shall be entitled to payment for reasonable costs and expenses incurred by it for works and materials rendered unnecessary as a result of such changes and for works and materials required to e ff ect said changes, plus JCM Industries, Inc. usual pro fi t thereon. (5) FREIGHT, SHIPMENT AND TITLE All sales are made F.O.B. JCM Industries, Inc. shipping point. JCM Industries, Inc. shall have the right to select the carrier and route of shipment. Title for products shipped by JCM Industries, Inc. passes to Buyer upon delivery to the carrier. (6) INSPECTION AND CLAIMS shown payable on the invoice. (4) BIDS AND QUOTATIONS All products and parts shall be fi nally inspected and accepted within ten (10) days after receipt. All claims whatsoever by Buyer (including claims for shortages) excepting only those provided for under the Warranty and Limitation of Liability clauses hereof must be made within said ten (10) day period or they are waived. Title and risk of loss or damage to products shipped by JCM Industries, Inc. passes to the Buyer upon delivery to the carrier. JCM Industries, Inc. will not fi le claims against carriers for Buyer but will render reasonable assistance to Buyer in fi ling any such claim. (7) RETURNS AND CANCELLATIONS Returns will be accepted only with prior written authorization by JCM Industries, Inc. All returns made without prior written authorization will be refused or returned to the shipper at his expense. Authorized returns are subject to a fi fty percent (50%) or a minimum twenty- fi ve dollars ($25.00) handling charge. No credit will be allowed for products which cannot be made resalable, products manufactured to Buyer’s speci fi cations nor any obsolete products. Any returned material requiring reconditioning will be subject to charges equal to those necessary to make the products resalable. Material or work which remains to be furnished may be canceled by Buyer only with the express written consent of JCM Industries, Inc. In the event of such cancellation, JCM Industries, Inc. shall be entitled to payment for the cost and expenses incurred by it in connection with the material or work so canceled, plus an amount determined by applying JCM Industries, Inc. usual rate of pro fi t for similar items to such costs and expenses, or fi fteen percent (15%) of the contract price. (8) WARRANTY - LIMITATION OF LIABILITY - EXCLUSION OF WARRANTIES All products manufactured by JCM Industries, Inc. are carefully inspected prior to shipment. Each product is warranted against defects in materials and workmanship. In the event a product is found to be defective in materials or workmanship the Buyer’s exclusive remedy under this warranty is expressly limited to replacement, repair or repayment of the purchase price at the option of JCM Industries, Inc. The net invoiced price is the limit of liability. No claims or any consequential or special damages will be allowed. Any defective parts of products must be held for inspection by JCM Industries, Inc. and returned to JCM Industries, Inc. Nash, Texas, promptly upon request. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE, AND ARE IN LIEU OF ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL CLAIMS FOR BREACH OF WARRANTY SHALL BE PRESENTED TO SELLER WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE DEFECT IN THE GOODS, OR BE BARRED. (9) DELIVERY Delivery dates indicated in order con fi rmations are approximate and are based on prompt receipt of all necessary information regarding the products covered by the contract. JCM Industries, Inc. will use its best e ff orts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so due to fi re, war, civil commotion, strikes, failure of transportation, any act of God, or other causes beyond its control. In the event of any delay in delivery caused by Buyer, JCM Industries, Inc. will store and handle all items ordered at Buyer’s risk and will invoice Buyer for the unpaid portion of the contract price, on or after the date on which the products is ready for delivery. This amount will become due and payable in full within thirty (30) days from invoice date. A monthly storage and extra handling charge of one percent (1%) per month or any fraction thereof of the contract price covering the stored product shall be billable as a separate item. (10) PRODUCT IMPROVEMENT Products produced by JCM Industries, Inc. are engineered to meet service requirements. From time to time products will be improved at the discretion of JCM Industries, Inc. When this occurs, previous designs will not be replaced in the fi eld unless they have been proven defective. (11) CONTRAVENING LAW Should any term or provision contained in the contract contravene or be invalid under applicable law, the contract shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared therein. (12) DEFAULT Notwithstanding anything herein above to the contrary, all sums due and owing and not paid within thirty (30) days from invoice date shall bear interest at the rate of eighteen (18%) percent per annum from the date incurred until paid. Buyer agrees to pay not only all invoiced amounts, but also interest as provided above and all costs and expenses of collecting the above, including but not limited to court costs, attorney fees reasonable in relation to the work expended, and expenses and costs related to recovery and protection of the goods sold; all sums payable to JCM Industries, Inc. at its o ffi ces in Nash, Bowie County, Texas. To secure the payment of all the above sums, principal, interest, and expenses and costs, Buyer hereby grants to JCM Industries, Inc., a security interest in all goods sold to Buyer by JCM Industries, Inc., and all proceeds from, products of, accessions to, and documents of title concerning such goods. (13) GENERAL This Agreement and all sales transactions made pursuant to this Agreement shall be governed by the laws of the State of Texas, and to the extent applicable any federal laws having application within the State of Texas. It is provided that in no event whatsoever shall interest be contracted for, charged, or collected in excess of the maximum interest allowable by law. JCM INDUSTRIES, INC. / 200 OLD BOSTON RD. / NASH, TEXAS 75569- 2626 / (903) 832-2581 © 202 5 JCM INDUSTRIES, INC.
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