AGREEMENT: By entering an order or requesting a quote via the internet, you agree
that the following terms & conditions of sale:
PRICES AND TAXES:
All prices quoted are in U.S. dollars effective as of the date of quotation and are
subject to change. Prices shall be established by Cornell Paper at its sole discretion. Quoted prices do not include sales, use or other value added taxes, unless otherwise specified, and are the sole responsibility of the buyer. Quotations that include labor or service charges must specify the standard hours included in the quoted price. Additional labor costs hours incurred above the stated standard will be billed at standard hourly rates. Verbal quotations, unless accepted, expire the same day they are made.
Cornell Paper is not responsible for typographical or clerical errors made in any quotation or order. All such errors shall be subject to correction. Additions and/or changes made by the Buyer, upon acceptance by
Cornell Paper may result in additional charges to the Buyer.
WARRANTY, DISCLAIMER AND EXCLUSIONS:
Cornell Paper assigns to the Buyer all rights and remedies, if any, under
any express and implied warranties of the manufacturer of the goods. Cornell Paper
makes no other warranties, express or implied and DISCLAIMS ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS, AND ALSO DISCLAIMS ANY LIABILITY BASED
UPON NEGLIGENCE OR STRICT LIABILITY IN TORT. IN NO EVENT SHALL Cornell Paper
BE LIABLE FOR SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES NOR FOR INDEMNITY
OR CONTRIBUTION FOR DAMAGES SUFFERED BY THIRD PARTIES. This limitation of remedies
applies to claims based upon warranty, tort or other legal theory.
LIMITATION OF LIABILITY:
Cornell Paper's liability for any claim shall be limited to an amount equal
to the amount of monies actually received by Cornell Paper for the goods
which give particular rise to the claim. These limitations of liability apply to all
claims, including without limitation, those based upon contract, warranty, tort
(including negligence), and strict liability. Cornell Paper will not be
liable to Buyer or anyone for any special, indirect, incidental or consequential
damages or expenses of any kind arising out of or in connection with this agreement
or due to the Buyer’s sale, handling or use of the goods or services sold hereunder.
If performance is made commercially impractical or impossible, or delays result
because of the occurrence of a contingency beyond the reasonable control of
Cornell Paper, our quotation, and any contract deriving herefrom, shall be
voidable upon Cornell Paper's notice to the Buyer. In the event of delay
in performance due to any such cause, the date of delivery or time of completion will
be extended by a period of time reasonably necessary to overcome the effect of such
PAYMENT AND SECURITY INTEREST:
If you are a credit card customer, you agree to pay at the time of purchase the
cost of material, and any shipping and handling charges and taxes. If you are a
Cornell Paper account holder the following provisions apply: Cornell Paper may invoice items separately. Payment is due in U.S. currency, 30 days from
the date of invoice. Any specified cash discounts must be authorized in advance, and
are allowed if remittance is postmarked by the 10th day following the date of invoice.
Such cash discounts may be offered at the sole discretion of Cornell Paper
and are not to be implied as offered unless specifically stated. Invoices are
net thereafter and become past due on the 31st day subsequent to the invoice date.
A late payment charge may be assessed on amounts past due at a rate to be determined
by Cornell Paper, which shall not exceed the maximum rate permitted by law.
Buyer shall be liable for all expenses, including attorney fees, relating to the collection
of past due amounts. To secure payment of sums due, Cornell Paper may
require the Buyer to grant to Cornell Paper a purchase money security
interest in the goods purchased and in the proceeds thereof. At Cornell Paper's request, the buyer shall sign financing statements and other documents
necessary to perfect and continue the security interest. If Cornell Paper
in its sole judgment questions the Buyer's ability to pay for the goods, Cornell Paper
may, at any time, require payment in full in advance of
delivery or manufacture of the goods. Failure to adhere to our terms may result
in a shipping hold on all orders and/or a reduction in the amount of credit the
Company will extend. All payments are to be made to:
162 - 168 Van Dyke
Brooklyn NY 11231
Payments should include a remittance advice designating the invoices and other
charges being paid.