Joshen stationery proposal and Pro-forma Invoice documents which accompany these Terms and Conditions of Sale constitute Joshen stationery’s offer to sell goods and services. As is expressly stated in the Proposal and Pro-forma Invoice documents, these Terms and Conditions of Sale supersede and take precedence over any and all inconsistent or differing Terms and Conditions of Purchase provided by the Buyer. As used herein, the Buyer constitutes both the Company named as purchaser and every individual named as guarantor upon a separate and accompanying Guarantee Agreement, if any. The Buyer agrees that any inconsistency shall resolved by the provisions of these Terms and Conditions.
In all Joshen Stationery sale transactions, these Terms and Conditions of Sale will prevail over the Buyer’s Terms and Conditions of Purchase, if any.
Prices quoted by Joshen Stationery upon the Proposal and Pro-forma Invoice documents are valid for thirty (30) days after the date appearing on those documents. If the Buyer attempts to accept a proposal beyond that date, Joshen Stationery reserves the right to re-quote within (5) business days of receipt of the Buyer’s attempted acceptance. In any event, the Buyer’s acceptance outside of said 30 day period shall constitute only a counter-offer rather than any binding contractual acceptance.
The Buyer agrees to accept delivery, and to pay, at a price quoted for the actual amount delivered by Joshen Stationery, including overruns and underruns, up to, but not exceeding ten (10%) percent of the quantity ordered of each item on large quantity orders.
The date quoted by Joshen Stationery for shipment (delivery) is approximate and is not to be considered a guarantee of product availability on a specific time. However, Joshen Stationery strives to meet or beat quoted shipping dates.
Joshen Stationery ships using the Buyer’s requested freight provider and using the Buyer’s collect account number. If no collect account number is available, Joshen Stationery will add a handling fee to the cost of the total invoiced charges.
If the subject sale is subject to any excise, sales, occupation, or use taxes imposed by any governmental agency, such fees shall be in addition to the quoted prices and are the sole responsibility of the Buyer.
Joshen Stationery requires that acceptance by the Buyer be in the form of a written purchase order returned by the Buyer. Pricing and payment terms placed by the Buyer upon such Purchase Order shall refer to and be consistent with the corresponding Joshen Stationery quote. Freight collect orders must include a freight collect account number. Buyer’s Purchase Orders must reflect the correct information before Joshen Stationery’s shipment can be made.
Acknowledgement of Purchase Order
Upon the Buyer’s acceptance of a Joshen Stationery, sales offer using a returned Buyer’s Purchase Order, Joshen Stationery will mail the Buyer a written acknowledgement of the Buyer’s approval of the purchase offer.
Joshen Stationery’s payment terms are Net 30 Days based solely on the date of Joshen Stationery’s payment invoice. Payment term exceptions shall be recognized only upon authorization in writing by Joshen Stationery reserves the right to require different or stricter payment terms via written notification upon its sales proposal or quote. Buyer’s acceptance using a return Purchase Order constitutes a grant unto Joshen Stationery of a purchase money security interest in all listed purchased products, the security interest being in the amount of all monies due or to become due from the Buyer under any and all debt obligations owed by the Buyer. From and after said 30th day, interest shall accrue upon all unpaid balance at the rate of 15% per annum. If legal proceedings required for the enforcement of payment, the Buyer shall additionally pay and be liable to pay all costs of litigation, including reasonable attorney’s fees.