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Terms & Conditions

All quotations, orders, and contracts are subject to acceptance by Midwest Construction Products Corp.. Prices are subject to change without prior notice.
Credit will only be granted to the extent stated when credit is approved. Seller may revoke all credit at any time.


TERMS AND CONDITIONS:

Our terms are net 30 days, from date of shipment, with approved credit. Interest at the rate of one and half percent per month (18% APR) on the unpaid balance will be added to past due amounts. If any amount due Midwest Construction Products is not paid when due the Buyer agrees to pay all interest charges, (finance charges). If the Buyer is past due in payment of any amount owing Seller, or if in the judgment of the Seller's Credit Department, reasonable doubt exists as to Buyer's financial responsibility, then without liability and without prejudice to any other remedies that Seller may have, Seller may suspend performance, Seller may decline to ship, or stop any material in transit until Seller receives full payment by Buyer. Buyer shall pay all costs incurred by Midwest Construction Products in collecting any amount due, including, but not limited to collection agency fees, attorney's fees, and court cost. There will be a $25.00 handling charge for all returned checks. Customer agrees to pay on demand this returned check fee. All invoices will be paid in U.S. currency.


RETURNS:

No Returns will be accepted without seller's consent. A 25% restocking charge, plus inbound freight, if not prepaid, will be charged. Shortage or damage claims are the responsibility of Buyer and are to be made to the delivering carrier upon receipt of goods. Any claims for shortages in shipment must be made within ten (10) days from the delivery date.


WARRANTIES AND DISCLAIMERS:

Midwest Construction Products Corp is a distributor of manufactured goods. Midwest Construction Products Corp will to the extent permitted by law, transfer to Buyer such warranty as the manufacturer of the goods may provide. MIDWEST CONSTRUCTION PRODUCTS CORP DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY WITH RESPECT TO THESE GOODS, WHETHER EXPRESSED, IMPLIES OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Midwest Construction Products Corp shall not under any circumstances be liable for any consequential or incidental damages suffered by Buyer.

 


GENERAL:

Typographical and clerical errors are subject to correction by Seller. All sales shall be governed by and construed according to the laws of the state of Florida. Buyer agrees and consents that the venue for litigation shall be within the County in which Seller's principal place of business is located. If any provision of this contract is found contrary to any applicable law of any state or should be held invalid by a court of proper jurisdiction, all provisions of this contract shall remain in full force and effect. This contract between Midwest Construction Products Corp and Buyer is made expressly subject to force majeure, and Midwest Construction Products Corp. 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 Midwest Construction Products Corp's control. Purchaser will assume cost of making changes after the order has been accepted by Midwest Construction Products Corp. All claims for shortage in shipment or damage material should be noted on the bill of lading and a written request for credit must be submitted to Midwest Construction within 15 days of the date of shipment.
Design, materials and specifications are subject to change without notice without any obligation on the part of Midwest Construction due to our policy of continuous product improvement Delivery date, if stated, is only an estimate based on current scheduling requirements. All reasonable means will be used to make delivery within the specified time. Prices stated herein may or may not include any tax or charge imposed by Federal, State, or Municipal authorities. These taxes or charges such as sales, use and excise taxes shall be assumed by the Purchaser whether invoiced or not and Purchaser shall pay to Midwest Construction Products, in addition to the prices specified, the amount of any such taxes including penalties and interest which Midwest Construction Products Corp may be required to pay due to Purchasers' failure to pay. Sellers materials, work, products and goods shall remain the property of the Seller and the title shall not pass until Buyer pays in full for the same. Waiver by Seller of any provision(s) hereof in one instance shall not constitute a waiver as to any other instance. The undersigned certifies that he/she is a legal, authorized principal from the firm named above and all information is provided for the purpose of obtaining credit and is warranted to be true. Midwest Construction Products Corporation is authorized to investigate the references pertaining to our credit and financial responsibility. It is understood that the information gathered will be kept confidential and will only be disclosed as required by law. The undersigned certifies on behalf of the following firm they will pay all debts when due. If not paid when due, it is agreed to pay a service charge of one and a half percent per month (18% APR), in addition to all collection costs and attorney fees that may result from such default.

 

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