These terms and conditions of sale shall control on all sales, including direct shipment sales arranged by or through Thos. Somerville Co. whether or not materials are delivered by or through Thos. Somerville Co.
Thos. Somerville, and/or its operating Divisions hereby sells to Purchaser and Purchaser hereby purchases all items of plumbing, heating and air conditioning, subject to the terms and conditions set forth and herein below. All orders are based on the quotations and, if placed within thirty (30) days from date of quotation, and accepted by Thos. Somerville Co., will be billed at the price quoted. ALL PRICES ARE FOB SHIPPING POINT UNLESS OTHERWISE SPECIFIED IN WRITING. THE PRICES QUOTED ARE SUBJECT TO ADDITIONAL FEDERAL, STATE OR LOCAL TAXES. All limits on credit or amounts of credit given shall be made by Thos. Somerville Co. in its sole discretion from time to time as necessary.
On all orders placed for stock, out of stock and special order materials, where the delivery date is delayed due to a manufacturer's shipping error, or any other error, Purchaser agrees to hold Thos. Somerville Co. harmless for any delay and agrees to make payment in full for said goods.
All materials delivered must be examined and inspected by the Purchaser and/or his agent or representative upon receipt, any claim of shortage and / or damage must be made as the time of delivery. Where Purchaser and / or his agent or representative cannot examine and inspect material upon receipt, any and all claims must be made within ten (10) business days of delivery. Any claims made after the prescribed time period will not be honored.
A minimum of 20% handling charge will be made on all merchandise returned for credit. No merchandise will be accepted without our prior authorization. Out of the carton material will not be accepted for credit. All returns will be accompanied with the original invoice number of purchase for reference.
Purchaser agrees that his / her SOLE REMEDY available for any default arising out of the sale and / or use of any and all materials purchased shall be the return of said materials purchased for a refund of the purchase price less the handling charge. Purchaser acknowledges that no suit will be brought against, or shall include, Thos. Somerville Co. where either consequential or incidental damages are sought.
This credit agreement and terms of sale was made in the State of Maryland (by Thos. Somerville Co. having countersigned it in Maryland) and is to be performed in the State of Maryland by reason of the orders placed and payments required to be made to Thos. Somerville Co. in Maryland. This credit agreement and terms of sale shall be interpreted and governed by the laws of the State of Maryland. Purchaser, its successors and assigns agrees to personal jurisdiction and venue for any legal proceeding to enforce the terms of sale and this agreement, including payment may be brought, at Thos. Somerville Co.'s sole discretion, in the applicable Federal and State Courts of competent jurisdiction in and for Montgomery County, Maryland
Thos. Somerville Co. shall be notified in writing by certified mail, any changes to Purchaser's name or legal status and such change will become effective thirty (30) days after receipt of such notice by Thos. Somerville Co.
On all matters referred by Thos. Somerville Co. to their attorneys for collection, purchaser agrees to pay 33 1/3% of the total sale price or actual amount billed, whichever is greater, for attorney's fees plus costs, and disbursements.
PURCHASER AGREES THAT THOS. SOMERVILLE CO. SHALL NOT BE RESPONSIBLE FOR ANY MANUFACTURER'S OR SHIPPING DEFECT. Purchaser further agrees to hold Thos. Somerville Co. harmless for any manufacturer's or shipping defect or ANY INJURY TO person(s) due to said defect.
All warranties are limited to the warranty given by the manufacturer, and in no event will Thos. Somerville Co. be responsible for installation or labor charges. TSCO makes no warranties, express or implied, including but not limited to the implied warranty of merchantability and finally for particular purpose.
The RISK OF LOSS of any goods and/or materials shall pass to the Purchaser as soon as said goods and/or materials are delivered to Purchaser at its place of business or any other place specifically designated by the Purchaser for delivery.
Purchaser agrees that any account thirty (30) days past due shall be charged 2% per month interest on the unpaid balance, terms of sale are net 30 days.
The undersigned agrees that this information is warranted to be true and authorizes Thos. Somerville Co. to investigate any references pertaining to my/our credit and financial responsibility.
Customer acknowledges reading, and agrees to the Terms and Conditions of Sale as set forth in Customer’s Business Credit Application and picking/delivery tickets; to the extent not covered by the aforementioned, then as set forth on our website at www.tsomerville.com in effect at the time of placement of order of materials. It is the Customer’s responsibility to read and understand our Terms and Conditions of Sale.