TRI STAR INDUSTRIAL LLC
TERMS AND CONDITIONS OF SALE
Updated June 14, 2022
ALL SALES (OPEN ACCOUNT, C.O.D. OR ANY OTHER INVOICED METHOD) BY TRI STAR INDUSTRIAL LLC (TSI) OR ANY OWNED AFFILIATES OR DBA’S SHALL BE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS:
TERMS OF OPEN ACCOUNT:
1. TRI STAR INDUSTRIAL LLC, shall hereinafter be referred to as "TSI", and the applicant shall be referred to as "Customer". The Customer desires to purchase goods and services from TSI and Customer agrees in consideration thereof to be bound by the terms and conditions stated in this agreement. Customer and each guarantor authorize TSI to check their credit background and to request credit reports regarding their respective commercial and personal credit and otherwise investigate their credit worthiness before extending credit now or at any time in the future. Customer acknowledges that all such information has been submitted for the purpose of obtaining credit.
2. Credit will be extended by TSI to Customer based on the information provided in this application. Customer agrees to pay all invoices, charges, fees and costs which Customer or any authorized person incurs, on Customer's account. Unless Customer notifies TSI in writing within (5) days of any unauthorized uses of Customer's credit, Customer agrees that any person who incurs charges on Customer's account, is authorized to do so. If Customer fails to comply with this Agreement, TSI may terminate immediately upon notice to customer.
3. Customer agrees to notify TSI, in writing, of any error in any invoice within ten (10) days after the date of that invoice. If not so noticed, the invoice shall be deemed to be correct, and accepted as rendered. All sums owing TSI by Customer shall be paid in accordance with the terms and conditions expressed on any written quotation signed by TSI and Customer or on TSI's invoice. In the absence of such express terms and conditions, TSI's terms will be Net 30 days from date of invoice. Whether or not expressed in said quotation or invoice, all sums past due 31 or more days shall bear an interest charge at the rate of two percent (2%) per month from original due date.
4. If TSI is not paid on time, in accordance with TSI's terms, Customer shall pay for all costs and expenses incurred by TSI in connection with TSI attempts to obtain payment, including fees charged by a collection agency or attorney, and any other charges which can be legally charged to Customer. Customer agrees that for and in consideration of TSI's extension of credit, that this agreement is to be construed under the laws of the State of Arizona, and that if legal action is brought to enforce this agreement, that Maricopa County, Arizona, shall be the exclusive jurisdiction and legal venue for said action. If TSI refers this agreement to an attorney for enforcement, including collection amounts which are past due, Customer agrees to pay TSI's actual attorney's fees and costs incurred thereby, whether formal proceedings are brought to remedy Customer's breach of this agreement. Customer agrees to pay TSI a $25.00 Service Charge on each dishonored check returned to TSI.
5. Customer certifies that any financial documents provided TSI are true and accurate and will provide TSI such documents from time to time upon request. Customer represents to TSI that it is solvent as of the date of this agreement, and that any Financial Statement attached accurately reflects the present financial condition of Customer, as of the date of this agreement.
6. CUSTOMER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF CUSTOMER, WHETHER SUCH CLAIM SOUNDS IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE OR NEGLIGENCE. TSI EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL TSI BE LIABLE FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFIT, ATTORNEYS' FEES OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY TSI'S BREACH OF THIS AGREEMENT; (b) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING THE AMOUNT PAID TO TSI FOR GOODS FURNISHED TO CUSTOMER WHICH ARE THE SUBJECT OF SUCH CLAIMS.
RETURN GOODS: TSI may at its option and sole discretion, accept the return of non-defective goods actually sold by TSI for an appropriate credit. Any credit allowed shall be subject to the imposition of reasonable handling and shipping charges. All returned goods must be returned in new and resalable condition. If TSI determines that returned goods are not returned in resalable condition, TSI may at its sole discretion either decline to issue any credit to Customer or add additional charges for refurbishment of material to salable condition and reduce the credit appropriately. All credits for returned goods shall accrue to the Customer’s account only and apply to future payments. Returns on regular stocking items are subject to 25% restocking charge. Special ordered and machined items are non-cancelable and non-refundable. No returns after 90 days of invoice.
SOLVENCY OF BUYER: Customer expressly represents and warrants that Customer is solvent and financially capable of meeting its obligations as and when they become due. This warranty shall be deemed to be continuing, ongoing and renewed with each order placed by Customer. Subsequent discovery of Customer insolvency shall give rise to a separate cause of action for the breach of such warranty.