1. Seller has arranged for shipment as near to the preferred shipping date as it can reasonable expect to ship. Shipment, however, is subject to delay and/or cancellation occasioned by strikes, material and labor shortages, adverse weather conditions, the perils incident to the production and/or hatching of its merchandise, material change in the Purchaser’s financial condition (if order is accepted in credit terms) or by any other cause beyond Seller’s control.

2. All orders are accepted subject to the prices prevailing at time of shipment and Seller’s published and/or acknowledged prices are subject to change without notice. Payment is due as per terms on face of invoice. If Purchaser shall fail to pay Seller as required, Purchaser shall pay to Seller interest on any delinquent payment from the due date until paid, at the lesser of the maximum rate or interest allowed by law or eighteen percent (18%) per annum. Purchaser shall also pays Seller all costs and expenses incurred by Seller in collection efforts, including a reasonable attorney’s fee.

3. SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED WITH RESPECT TO THE HATCHING EGGS OR POULTS OR OTHER GOODS WHICH ARE THE SUBJECT MATTER OF THIS SALE, AND SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OF THE HATCHING EGGS OR POULTS OR OTHER GOODAND ANY WARRANTY OF FITNESS OF THE HATCHING EGGS OR POULTS OR OTHER GOODS FOR ANY PURPOSE OR OF THE SUITABILITY OF THEM FOR ANY USE.

4. Purchaser shall examine all shipments in the presence of the delivery agency immediately upon arrival. In the event of any loss or damage at the time of delivery, Purchaser shall forward Seller an inspection and loss report signed by the delivery agency as no adjustment for any loss at the time of delivery can be made without such inspection and loss report. All claims for adjustments are aforesaid and must be made in writing no later than thirty (30) days after delivery.

5. Purchaser agrees that it’s account obligation hereunder may be assigned or sold in the nature of an accounts receivable by the Seller, and without notice to the Purchaser, and when so assigned, the same shall be free from any defense, counterclaim or cross-claim; the Purchaser’s claim being limited to an independent action solely against the Seller.

6. Any excise, sales, use or similar taxes which Seller may be required to pay or collect with respect to the goods covered by this invoice shall be for the account of the Purchaser and the amount thereof shall be added to the price payable by Purchaser.

7. IT IS EXPRESSLY AGREED THAT NO EMPLOYEE, AGENT OR OTHER REPRESENTATIVE OF SELLER HAS ANY AUTHORITY TO BIND SELLER WITH REGARD TO ANY STATEMENT, REPRESENTATION, WARRANTY OR OTHER EXPRESSION UNLESS THE SAME HAS BEEN SPECIFICALLY SET FORTH IN WRITING AND SIGNED BY PRESIDENT OR COMPANY SECRETARY.

8. Purchaser agrees to jurisdiction in the State of West Virginia and venue in Greenbriar County, West Virginia, in the case of any action, suit or proceeding between the Purchaser and Seller. This agreement shall be interpreted in accordance with the laws of the State of West Virginia.


 

HOME ABOUT  CONTACT PRODUCTS & PRICING TERMS & CONDITIONS

A Division of Aviagen Turkeys Inc.