Terms and Conditions of Sale
IN CONSIDERATION OF ACF ENVIRONMENTAL (“ACF”) EXTENSION OF CREDIT, BUYER AGREES TO THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTROL OVER ANY CONFLICTING PROVISIONS CONTAINED IN CONTRACTS, ANY PURCHASE ORDERS. CONFORMATIONS OR THE LIKE FROM BUYER AND CONSTITUTE THE ENTIRE AGREEMENT BETWEEN ACF AND BUYER.
1) PAYMENT. Buyer shall pay the purchase price Net 30 days from the date of the invoice. A late payment and/or interest charge of 1.5% per month compounded monthly shall be added to any amount not paid when due.
In the event that ACF elects to retain legal counsel to collect any past due amounts, it may do so without notice to the Buyer, and Buyer shall pay reasonable attorney’s fees, plus all other legal expenses ACF incurs. The parties agree that “reasonable attorneys fees” shall mean the greater of (1) One-third of the principal and interest due, or (2) the customary hourly charges of ACF’s attorney. The person signing this agreement below on behalf of the buyer also personally guarantees payment of this account, including principal, interest, attorney’s fees and other legal expenses. Partial payments shall be applied first to other legal expenses, then to attorney’s fees, then to interest, and lastly to principal.
A $25.00 handling charge will be applied to any returned check. The buyer agrees that Richmond, Chesterfield, or Henrico Virginia shall be the proper venues for any action to collect money owed to ACF by buyer. The courts of the Commonwealth of Virginia have jurisdiction.
2) PERSONAL GUARANTY. The person signing this agreement below on behalf of the buyer also personally guarantees payment of this account, including principal, interest, attorney’s fees and other legal expenses.
3) SECURITY INTEREST. ACF reserves and buyer grants to ACF, a security interest in all goods, services, equipment and inventory sold any and all proceeds there from in order to secure the payment of the purchase price. Buyer shall sign and deliver financing statements if requested by ACF to perfect its security interest.
4) NONCONFORMING GOODS AND RETURN OF GOODS. Any claim that the goods or services delivered to Buyer do not conform to the description on the face of the invoice shall be barred unless Buyer gives written notice thereof to ACF within 10 days after Buyer’s receipt of the invoice. Goods may not be returned for credit without ACF’s prior written consent, and a 25% handling charge will be collected when the goods are returned due to no fault of ACF.
5) FORCE MAJEURE. The contract between ACF and Buyer is made expressly subject to force majeure, and ACF shall not be responsible for any delay in shipment or delivery, or failure to ship or deliver, of any goods as a result of strikes, war, fire, Acts of GOD, accidents, shortage of labor or material, or other causes beyond ACF’s control.
6) WARRANTIES AND DISCLAIMERS. ACF is not the manufacturer of all goods it sells. ACF will, to the extent permitted by law transfer to Buyer such warranty as the manufacturer of the goods may provide.
ACF DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY WARRANTY WITH RESPECT TO THESE GOODS, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ACF shall not under any circumstances be liable for any consequential or incidental damages suffered by the Buyer.
7) BUYER’S INSOLVENCY. If ACF reasonably deems itself to be insecure as to payment by Buyer, or if Buyer becomes insolvent, ACF may refuse to ship or delivery and may stop delivery of goods or services in transit. All amounts due ACF shall become immediately due and payable at ACF’s option if Buyer becomes insolvent, is the subject of an order of relief in bankruptcy, makes an assignment for the benefit of creditors, suffers a judgment or a tax lien, or defaults in the payment when due of any invoice from ACF.
8) AUTHORIZATION TO CHECK REFERENCES. Buyer hereby authorizes ACF to seek credit information from the reference Buyer has listed above.
If you have any questions, please contact our accounting team at 804-271-2363 or AR@acfenv.com.