TERMS AND CONDITIONS OF SALE
1. PRICE: All prices are subject to change without notice and are not guaranteed, except that prices for
an order that have been accepted by Allied Rubber Company, Inc. and/or its affiliates (“Seller”) are not
subject to change after acceptance. Prices stated do not include any sales, use or excise tax or any other
tax, duty or charge which is now in effect or may be hereafter imposed by any Federal, State or other
authority. All such taxes, duties or other charges shall be paid by Buyer unless Buyer shall provide
Seller an exemption certificate acceptable to the appropriate authorities.
2. TERMS: Terms are net 30 days from the date of Seller’s invoice. For Seller’s invoices which are not
paid within the foregoing terms, Seller shall have the right, in addition to all other rights and remedies,
to assess a late payment charge of one and one-half percent (1½%) (or the maximum allowed by law, if
less) per month on the outstanding balance. In addition, Buyer shall be responsible for any and all fees
and expenses incurred by Seller in collecting any payments due hereunder, including, but not limited
to, attorneys’ fees and collection costs. If any check tendered by Buyer in payment is dishonored upon
presentment for payment, then Seller, in addition to all other rights and remedies contained herein, may
assess a dishonor charge of Fifty Dollars ($50.00).
3. ORDERS AND ACKNOWLEDGEMENTS: Seller reserves the right to refuse orders which may be
submitted to it and will not be bound to fill any orders unless or until they have been accepted by
Seller. Except as otherwise specifically set forth in writing, executed by Seller and Buyer, these Terms
and Conditions of Sale shall govern the rights and obligations of the parties to the exclusion of any
other terms and conditions. These Terms and Conditions of Sale shall govern in the event of any
conflict with any terms proposed by Buyer, and are not subject to change by reason of any written or
oral statements by Buyer or by any terms stated in Buyer's purchase order or confirmation of its order,
unless such conflicting or additional terms are accepted in a writing making reference to this order and
signed by an authorized representative of Seller.
4. ORDER CHANGES: Any Buyer requested changes to an existing order may result in new scheduled
ship date for that order. If, pursuant to Buyer written direction or request, any change is made in the
products to be furnished or any work to be performed, the agreed price will be equitably adjusted to
reflect such change and the time for completion will be extended to the extent required to make such
change. No change is binding on the parties unless mutually agreed in writing by the parties. These
Terms and Conditions of Sale are subject to revision and change by Seller without notice, however, the
then current Terms and Conditions of Sale shall be applicable to an order at the time it is accepted by
Seller. Submission of an order by Buyer shall be conclusive evidence of acceptance of these Terms
and Conditions of Sale.
5. SHIPMENTS: Prices and deliveries of products are Ex Works Seller’s facility. Upon delivery of
shipments to the carrier, title to, and the risk of loss or damage in transit for, such shipments passes to
Buyer. Shipping schedules are estimates only which cannot be guaranteed because of the nature of
Seller’s products, and material, labor and manufacturing conditions beyond Seller’s reasonable control.
Under no circumstances shall Seller be responsible for any inability or delay in meeting shipping
schedules or for any loss or damage (whether direct or consequential) resulting therefrom.
6. CLAIMS: Claims on prices must be submitted within seven (7) days from the date of Seller’s invoice.
Claims on errors in shipments must be submitted within seven (7) days from the date of delivery of the
products.
7. RETURNS. No products are to be returned to Seller without prior approval from Seller. Credit or
replacement will only be made after a thorough inspection of the products has been made by Seller’s
representative and investigation shows that it is defective, or was shipped in error. A return
authorization will be given to Buyer by Seller’s sales representative for returnable merchandise and
must accompany the shipment. Seller retains the right to apply a 25% restocking charge on returns.
Unique or specialty products are not returnable.