Terms & Conditions
GENERAL: The terms and conditions as stated herein constitute the sales contract between The Essmueller Company (hereinafter Essmueller) and the Purchaser, unless changed by a written agreement executed by Essmueller. In the event of a conflict between the provisions of a quotation or order and the standard terms and conditions as stated herein, the standard terms and conditions stated herein shall prevail.
PRICES AND ACCEPTANCE: All quotations are valid only for thirty (30) days from date of quotation. Purchase Orders shall only be accepted by Essmueller at its office in Laurel, Mississippi. Essmueller reserves the right to decline any order. All quotations are based on specifications received and do not constitute final prices until final drawings are signed and approved by Purchaser and final costs are determined. Additional charges may be assessed due to changes in specifications or requirements from those quoted and for any special services or markings, special boxing, cartage, transfer, over time (when authorized by purchaser), financing, or other abnormal requirements.
TERMS OF PAYMENT: All accounts are payable net thirty (30) days from date of invoice. A service charge will be made of 11/2% per month, 18% per annum, on all invoices unpaid beyond the thirty (30) days.
PROMISE OF DELIVERY: Scheduled completion, shipping, and delivery dates are estimates only. All orders are accepted with the understanding that completion, shipping and delivery dates are estimates and are subject to change because of factory conditions, fires, strikes, material shortages, civil or military authority, mandatory priority and/or other causes beyond Essmueller’s knowledge and control. Essmueller reserves the right to manufacture and ship any items in advance of the estimated dates, unless expressly forbidden by the Purchaser in writing at the time of placing the order.
CANCELLATION: Essmueller may hold the Purchaser liable for any costs or expenses incurred or commitments made on any Purchase Order which is cancelled or modified by the Purchaser either before or after approval of final drawings. In the event Essmueller chooses to manufacture any items in advance of the estimated completion, shipping and delivery dates and such avance manufacture is not expressly forbidden by the Purchaser, in writing, such advanced manufacture shall not void the Purchaser’s liability for modification and cancellation charges that are stated herein.
RETURNED GOODS: No material will be accepted for credit unless such return is first authorized in writing by Essmueller.
CONTRACTS: All prices are made F.O.B. at Essmueller’s plant in Laurel, Mississippi. Purchaser assumes risk of loss of or damage to goods upon delivery by Essmueller to the transportation carrier. If there are shortages or evidence of damage, insist on the transportation agent making notations on the shipping documents before signing receipt. Claims for shortages or damages to shipments while in transit should be made by Purchaser against the carrier immediately.
TAXES: No state or local sales, use, excise or other taxes are included in the quotation. Any and all applicable taxes are the liability of the Purchaser.
SAFETY DEVICES: Essmueller will supply only safety devices as are specified in the quotation. Any additional safety measures or devices which may be required by law, or which Purchaser may wish to add, are to be furnished and installed by Purchaser or incorporated in the final drawings, and if such devices are furnished by us, it shall be at the additional cost of Purchaser.