Terms and Conditions
Darrell Hanna & Associates, Inc. / DHA Filter, LLC / DHA Mechanical, LLC does not accept any terms and conditions other than those set forth below. Acceptance of shipped goods that are described herein shall be deemed by the seller to be an acceptance of all the following specified terms and conditions. Any additional or different, materially or otherwise, terms and conditions in the Buyer’s purchase order or other documentation shall be deemed objected to by the seller and shall have no effect upon the transaction.
Definition: All references to “Seller” shall mean Darrell Hanna & Associates, Inc. / DHA Filter, LLC / DHA Mechanical, LLC, as applicable.
1. Prior to the date of delivery of any merchandise or merchandise hereunder the Buyer shall have the right to make changes to its order provide that the Seller receives written notice of the desired changes and accepts the same and provided further that the Buyer accepts the additional change therefore as determined by the Seller.
2. The Seller shall have the absolute right to cancel this Agreement upon breach thereof by the Buyer, including failure by the Buyer to make any payment required by this Agreement or the insolvency or bankruptcy of the Buyer.
3. No merchandise will be accepted for return without the Seller’s authorization. A restocking charge may be applied at the Seller’s discretion.
4. Prices are subject to change without notice at any time prior to shipment.
5. The Buyer agrees to give the Seller adequate and reasonable advance notice for scheduling and delivery of materials quoted herein. All deliveries will be made to the best of the Seller’s ability and dispatch, but no claim will be allowed because of delays in deliveries.
6. Buyer will be deemed to have accepted the goods delivered hereunder if Buyer fails to notify Seller in writing of any defect in such goods within 30 days after Buyer’s receipt thereof.
7. The total liability of the Seller on any claim, including any claim of incidental and/or consequential damages, shall not in any event exceed the price paid to the Seller for the material in respect of which such claim is made.
8. Terms of Payment – as per invoice. Any account having an unpaid invoice 30 days past due will be placed on credit hold and shipment of future orders held until account is current. Accounts with a balance of 60 days or older will be subject to a 1-1/2 % per month on the unpaid balance.
9. The Buyer agrees that, in the event of non-payment or late payment of any amounts due under this invoice, the Seller shall be entitled to recover its costs of collection, including attorney’s fees.
10. All applicable federal, state or local sales, use or excise taxes are the responsibility of the Buyer and shall be in addition to the price or prices stated on the invoice unless otherwise specifically stated. The Seller shall have the right to invoice separately any such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
11. As to any question of constructions, substance, performance, procedure, validity or other matter, the law of the State of Florida shall govern this sales transaction.