TERMS AND CONDITIONS OF SALE
Diamond Kote® Building Products is brand of Wausau Supply Company.
1. Terms and conditions of product sales are limited to those contained herein. By accepting delivery of the products described in Wausau Supply Company invoice or other Wausau Supply Company documentation, Customer agrees to be bound by and accepts these terms & conditions of Sale unless Customer & Wausau Supply have signed a separate agreement which would govern. These terms & conditions of sale constitute a binding contract between Customer and Wausau Supply and are referred to herein as either terms & conditions or agreement Customer accepts these terms & conditions of sale by making a purchase, placing an order or otherwise shopping on Wausau Supply's website. These terms & conditions are subject to change without prior notice, except that the terms & conditions of sale posted on the website at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by Wausau Supply & Customer.
2. Price & Payment - All prices, discounts and transportation charges are in US Dollars and are subject to change without notice. Prices shall be Wausau Supply's current prices in effect on the date of acceptance of the order unless otherwise agreed to by Customer and Wausau Supply. All general or special taxes, duties, fees, freight and insurance costs and any other charges imposed on or in connection with the order shall be paid by the Customer in addition to the price quoted or invoiced.
3. All billing disputes must be reported by the customer within 10 days of receipt of invoice/product. Unless otherwise specified, Invoices are due the 15th of the following month, service charges apply after that date. Terms of payment on all orders are subject to the approval of Wausau Supply's Credit Department. If Customer does not pay any amount when such an amount is due or if the Customer defaults in the performance of these terms & conditions, Wausau Supply may without incurring liability and without prejudice to Wausau Supply's other lawful remedies and at its sole discretion a) terminate Wausau Supply's obligations under these terms & conditions. b) declare immediately due and payable all of Customer's obligations to Wausau Supply. c) change credit terms with respect to any future activity. d) suspend or discontinue any further activity until Customer pays all overdue amounts and /or repossess the product. Customer agrees to reimburse Wausau Supply for all costs incurred in collecting any sums owed by the Customer, including without limitation, attorneys' fees and costs of proceedings. Customer also agrees to pay a late fee of up to 1.5% per month on all amounts not paid in full when due. Wausau Supply reserves the right to require payment in advance or other secured form of payment from time to time.
4. Customer may not cancel or modify any special orders or production orders except upon terms in writing by Wausau Supply. In the event of cancellation or modification, Customer shall compensate Wausau Supply for all resultant costs and damages. All undelivered product may be cancelled by Wausau Supply, without incurring any liability to Customer if production becomes impracticable.
5.Orders are not binding on Wausau Supply until accepted by Wausau Supply. All orders are subject to Wausau Supply management approval. Written quotes are void unless accepted within thirty(30) days from date of issue.
6.Delivery will be arranged by Wausau Supply and will use its reasonable business efforts to meet any scheduled dates, but does not guarantee to meet them. Failure to make any shipments by scheduled dates does not constitute a cause for cancellation or damages of any character. In the event of delay in delivery requested by the Customer or caused by the Customer, Wausau Supply shall store products at Customer's risk and expense.
7. Wausau Supply shall deliver the products to the Delivery Point. Partial shipments shall be permitted. Wausau Supply is not responsible for any loss, damage or delay which may occur after delivering product to the Delivery Point. Title passes when product is delivered to the Delivery Point. Customer shall inspect the product upon receipt and any claims for shortages or other errors must be noted at the time of Delivery on Wausau Supply documents and supported by signed documentation. Claims for shortages or other errors must be made in writing to Wausau Supply within 10 days of receipt. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Customer. No products may be returned to Wausau Supply for any reason without prior written authorization.