|The Terms That Follow Supercede All Those Previously Issued.
|1. MINIMUM ORDER FOR DELIVERY
A minimum order for delivery from the Forman warehouse shall have a value of at
least $1000.00 of items listed in our catalog and shall be delivered freight
prepaid within our designated delivery area. For deliveries outside the
designated delivery area, the minimum order is $1000.00 FOB Laurel, MD. freight
2. PALLET EXCHANGE POLICY
Our driver will request an equal number of like pallets in exchange for those
delivered. If none are available, you will be billed for pallets received.
Due to fluctuations in the marketplace, prices and terms set forth herein are
subject to change without notice. Please contact your Sales
Representative or Customer Service Representative for current pricing.
4. CASH TERMS
0%, 1%, or 2% 30 days, net 31 days cash discount will be allowed where
earned. Generally, the cash discount offered is equal to that of the
manufacturer's product purchased. Each line of your Forman invoice will
reflect a different cash discount, depending upon the manufacturer, with a
total of all the cash discounts earned, if paid on time, appearing at the
bottom of the invoice.
No merchandise may be returned without our written authorization. Where
the return is not the result of our shipping error, the return shall be subject
to a 20% restocking charge. No return can be accepted of merchandise
purchased more than 60 days prior to the date of request to return. No
return can be accepted of merchandise not listed in our catalog; that is,
non-stock merchandise brought in to your specifications. Merchandise must
be returned in good saleable condition in unopened, complete case
quantities. No merchandise will be accepted for return whose shelf life
has expired. All product returned must have been purchased from Forman,
6. BACK ORDERS
Please re-order any quantities of products not shipped by us due to
out-of-stock or insufficient inventory. We do not automatically back
order unfilled items ordered. If you would like shorted products to be
automatically back ordered, please inform our Customer Service Department of
this preference and they will see to it that back orders are automatically
re-entered in our computer system. Back ordered items, upon arrival at our
warehouse, will be shipped with your next regular order.
7. GENERAL TERMS
FORMAN, INC. MAKES NO WARRANTIES (INCLUDING WARRANTIES AS TO MERCHANTABILITY OR
FITNESS) EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE PRODUCTS SHIPPED.
BUYERS SHALL BE LIMITED TO THE WARRANTIES OF THE RESPECTIVE MANUFACTURERS OF
THE PRODUCTS SUPPLIED BY FORMAN, INC. TO THE BUYERS AND ALL OTHERS ARE
BUYER'S SOLE REMEDY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN
NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE
PURCHASE PRICE PAID BY THE BUYER AND UNDER NO CIRCUMSTANCES SHALL FORMAN, INC.
BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
Buyer agrees that any claim for defective merchandise not made within thirty
(30) days of delivery of merchandise to the Buyer shall be deemed waived.
If requested by Forman, Inc., defective merchandise shall be made available to
Forman, Inc. to pick-up at Buyer's site. Any such requests by Forman, Inc.
shall be made within five (5) days of receipt of notification by Buyer of its
receipt of defective goods.
Buyer agrees that any claim for shorted or damaged merchandise must be made at
the time of delivery and should be duly noted on the Delivery Ticket.
Forman, Inc. shall not be liable for damages resulting from failure to make or
delay in making delivery because of fire, flood, strikes, riots, transport
equipment shortage or breakdown, Acts of God, or any circumstances or other
unavoidable cause beyond Forman Inc.'s control except for its own gross
Revised January 1, 2010