.:. Standard Terms and Conditions of Sale .:.
OFFICE EQUIPMENT COMPANY OF MOBILE, INC.
(Hereinafter called the “Seller”)
The following terms and
conditions apply to all personal property sold by Seller.
1.A. PAYMENT: Terms of sale are cash, check or major credit card for
full amount of purchase prior to delivery, as our drivers cannot
accept C.O.D. payments. With approved credit you may establish an
OEC account with terms of net 15 days from date of invoice. Until
all indebtedness due hereunder is paid, title to the property herein
sold shall remain in Seller.
B. A SERVICE CHARGE of $1.00 per month or 1.5% per month, whichever
is greater, shall be paid on all balances unpaid after the end of
each month except on those charges added during current month. The
ANNUAL PERCENTAGE RATE on the 1.5% monthly SERVICE CHARGE is 18%.
C. In the event of default by purchaser in any term hereof, then the
unpaid balance shall become due and payable immediately and
thereupon Seller may repossess the property with or without legal
process and may exercise one of the following remedies:
(i) sell the property or any quantity thereof at public
or private sale without notice to Purchaser, and without the
necessity of having property at such sale; (ii) take possession of
the property and retain the same or payments made theretofore being
retained by Seller as rent and liquidated damages for
non-fulfillment of this contract and Seller may elect to collect any
deficiency balance; (iii) collect any unpaid balance due together
with costs of collection, including a reasonable attorney fee, or
(iv) take such other action as Seller may elect to pursue to collect
any unpaid balance due hereunder including a reasonable attorney
fee.
D. All payments shall be applied first to the accrued SERVICE
CHARGES, if any, and the residue thereof to be credited on the
account.
2. Purchaser agrees not to remove said property from County it is in
where property is delivered.
3. Purchaser hereby waives, as to this debt, all rights of exemption
under the Constitution and laws of Alabama or any other state.
4. If a petition under the Bankruptcy statutes is filed by
Purchaser, or if Purchaser shall make any transfer which may
constitute a fraudulent conveyance of the property covered herein,
then the entire unpaid balance due under this contract shall become
due and payable at the option of Seller.
5. DELIVERY TERMS: All orders shipped on Seller’s truck are subject
to the delivery charges in affect at the time of delivery. Shipments
by other methods are FOB point of origin.
6. PERFORMANCE: Seller shall not be liable for any damages or losses
resulting from; any delay or failure of performance arising from any
cause not reasonably within Seller’s control; accidents to,
breakdowns or mechanical failure of machinery or equipment, however
caused; strikes or other labor troubles; or failure of usual means
of supply; fire; flood; war, declared or undeclared; insurrections;
riots, acts of God or public enemy; or priorities, allocations or
limitations or other acts required or requested by Federal, state or
local governments or any of their subdivisions, bureaus or agencies.
7. SELECTION: Seller assumes no responsibility for the proper
selection of any product or property it sells.
8. WARRANTY: Seller’s warranty of all products, supplies and
property sold does not exceed the warranty given by the manufacturer
of the product or property and Purchaser accepts the property under
warranty (if any) of the manufacturer only.
9. TAXES: Any tax imposed by any law now or hereafter on sale of
articles by Seller shall be in addition to quoted sale price.
10. PRICING ERRORS: In the event of conflicting terms, discounts or
prices, Seller’s terms and conditions are stated herein and Seller’s
quoted prices will apply to the sale. Seller will correct its own
errors but cannot assume responsibility for the errors of others.
11. CANCELLATIONS: Orders are not subject to cancellation or
suspension except by Seller’s written consent and upon terms which
will indemnify Seller against loss.
12. RETURN GOODS POLICY: No returned goods will be accepted after 30
days from the invoice date and a written return authorization from
Seller’s office is required. Prompt action on return authorization
requests will be given provided the customer specifies invoice
number, date and items with quantities. When material is returned
due to error in customer’s ordering, a 15% service charge will be
deducted from the credit memo. It is naturally understood return
authorization is issued only on merchandise which is in resaleable
condition. All returns of material must be shipped freight prepaid.
Seller cannot accept the return of non-stock items or special items
unless the manufacturer of the merchandise will issue Seller return
authorization and the restocking charge to the Purchaser will be the
same percentage the manufacturer charges Seller, plus any freight,
cartoning and handling expenses incurred by seller.
13. CONSEQUENTIAL DAMAGES: Anything to the contrary herein
notwithstanding, Seller shall not be liable for any consequential
contingent or incidental damages whatsoever.
14. ACCEPTANCE AND MODIFICATION: All orders are subject to the
acceptance by an officer of Seller, modifications or additions to
the above standard terms and conditions of sale must be approved in
writing by an officer of Seller.
