Terms of Payment
All prices are subject to change without notice. Seller's price shall be its price in effect at the time of shipment. All prices exclude sales, use, franchise, license, excise and other taxes in respect of manufacture, sale or delivery of the goods furnished hereunder, export or import duties and inspection fees, and all interest and penalties thereon, all of which shall be paid by Buyer unless a proper exemption certificate is furnished. If Buyer shall fail to pay and discharge any such amounts when due, Seller may at its option, pay the same, in which event Buyer shall promptly reimburse Seller for such sums paid.
Subject to on-going credit approval by Seller, the terms of payment shall be net thirty (30) days from date of invoice, and Buyer's payment shall be cash in United States funds payable pursuant to Seller's instructions.
Seller reserves the right to withhold shipment for Buyer's: (a) late payment; (b) non-payment; and (c) failure to provide assurances of payment upon request by Seller. Seller further reserves the right to make delivery in installments, and all such installments are to be separately invoiced and paid for at the then current price when due per invoice, without regard to subsequent deliveries. In cases where credit is not offered payment will be required before release of goods by the Seller. Any payment that is not received by the date required herein shall accrue interest at a rate of eighteen percent (18%) of the outstanding balance per annum, or the maximum rate allowed by applicable law, whichever is lower, from the date such payment is due until the full invoiced amount and accrued interest is fully paid. In addition, Buyer shall be responsible for Seller's collection costs and attorneys' fees in collecting any past due amounts.
Delivery, Title & Risk of Loss
Unless otherwise agreed in writing, delivery shall be Ex Works (EXW) Seller's manufacturing facility. Buyer assumes all responsibility for risk of loss of, or damages to or caused by, the goods furnished hereunder, in accordance with such INCOTERM. Title to the goods shall transfer to and vest in Buyer at the same time that risk of loss transfers to Buyer, to the extent permissible by law. The term Ex Works (EXW) shall have the meaning given to it by INCOTERMS 2000 as published by the International Chamber of Commerce or any superseding definitions of the INCOTERMS published by the International Chamber of Commerce. Delivery dates are approximate and subject to confirmation. If Buyer delays shipment, payments are to be made as specified and the goods furnished hereunder shall be held at Buyer's risk and subject to reasonable storage charges. If goods are furnished in tank cars provided by Seller, Buyer agrees to: (a) unload shipments within forty-eight (48) hours after receipt; (b) pay Seller a reasonable charge for failure to so unload; and (c) pay any demurrage charges at a rate of fifty dollars ($50) per tank car per day.If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: require payment in advance of delivery in relation to any Goods not previously delivered; refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;