Terms & Conditions
1. Acceptance. This agreement shall not be binding upon A.K. Resins, Inc. unless executed by Customer and accepted by A.K. Resins, Inc. within thirty (30) days after the date submitted. Cancellation of this agreement must be received, in writing, within 5 days of acceptance. Any cancellation after 5 days, Customer will be billed for all costs accrued up to the cancellation date. Costs may include but not be limited to labor, product, product re-stocking fees, and shipping/handling charges.
2. Payment Schedule. Unless a payment and production schedule has been developed for your project based upon the date your project is due to be completed, payment shall be net 30 days from the earlier of the date of invoice or date of shipment. Any changes to your projected completion date, including delays caused by other contractors, will not affect the payment schedule.
3. Purchase Orders and shipment: All Purchase Orders must be e-mailed. The PO must have any special requirements prominently noted on the PO, such as required shipping date. and shipping preference. Delivery terms are F.O.B A.K. Resins, Inc.’s plant unless specified otherwise.
4. Warranty. A.K. RESINS, INC. HEREBY WARRANTS THAT ITS PRODUCTS SHALL CONFORM TO SPECIFICATIONS ON ATTACHED PRODUCTS AND SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR NINETY(90)DAYS FROM DATE OF DELIVERY. IF DEFECTS SHOULD OCCUR WITHIN SUCH TIME, A.K. RESINS, INC. SHALL REMEDY SAME WITHOUT COST TO THE CUSTOMER, PROVIDED SAID CUSTOMER HAS COMPLIED IN FULL WITH THE TERMS OF PAYMENT AND OTHER CONDITIONS OF THIS AGREEMENT, AND HAS NO LATER THAN 30 DAYS AFTER EXPIRATION OF THE WARRANTY PERIOD NOTIFIED A.K. RESINS, INC. IN WRITING OF SUCH DEFECTS. THE WARRANTY IS LIMITED TO REFUND OR REPLACEMENT. A.K. RESINS, INC. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A.K. RESINS, INC. SHALL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST OR DAMAGED PROPERTY, LOSS OF USE OF PROPERTY OR THE PREMISES, AND THE CLAIMS OF THIRD PARTIES. THE PRECEDING WARRANTY DOES NOT COVER DAMAGE TO THE PRODUCTS OF ANY KIND AS A RESULT FROM OR ARISE OUT OF IMPROPER USE OF THE PRODUCTS, CUSTOMER’S FAILURE TO STORE PRODUCTS AS SPECIFICATIONS PROVIDE, OR IMPROPER APLLICATION AND INSTALLATION OF PRODUCTS.
5. Specifications. Customer accepts A.K. Resins, Inc.’s standard product specifications. CUSTOMER WAIVES ALL CLAIMS RELATING TO PRODUCTS SOLD BY A.K. RESINS, INC. UNLESS NOTICE THEREOF IS RECEIVED IN WRITING BY THE A.K. RESINS, INC. WITHIN 30 DAYS AFTER EXPIRATION OF THE WARRANTY PERIOD PROVIDED.
6. Pricing. All pricing included in this contract shall remain firm for a period of 30 days from the date of this proposal’s contract only.
7. Change orders and extras. A.K. Resins, Inc. shall not be obligated to make any alterations or deviations from this agreement and the specifications set forth herein except upon a written change order signed by both the Customer and A.K. Resins, Inc. which specifically sets forth the alteration or deviation desired and obligates the Customer to pay for any extra expense involved in accomplishing such alteration or deviation.
8. Third Party Indemnification. This agreement is only intended to benefit the Customer. Customer agrees to and shall indemnify, release, defend and hold harmless A.K. Resins, Inc. and its officer, employees and agents from and against all claims and liability brought by third parties, including customer’s insurance company. Customer agrees to reimburse A.K. Resins, Inc. for any damages, expenses and losses it incurs in connection with any claims. This provision shall apply to all claims regardless of company performance or failure to perform any of the obligations herein or company negligence or a failure to the system, whether they are based upon negligence, contribution, contract, tort or other theory of liability.
9. Modification. Any modification of this Agreement will be effective only if it is in a writing signed by the party to be charged.
10. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
11. Force majeure. A.K. Resins, Inc. and Customer hereby waive all claims against each other for damages arising from interruption or postponement of service caused by reason of acts of God, strikes, lockouts, abnormal weather conditions, wars, riots, arrests, explosions, fire, accidents or any other cause not within the sole control of the Contractor.
12. Attorney fees. Customer hereby acknowledges and agrees that it shall pay any and all costs and expenses relating to the enforcement of this agreement and collection of all payments due hereunder, if any, incurred by A.K. Resins, Inc., including, but not limited to, actual attorneys’ fees and court costs.
13. Interest. Any unpaid balance of contract shall bear interest at a rate of 1 1/2% per month until the balance is paid in full.
14. Entire agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, executors, successors or assigns. This Agreement and any and all identified Schedules incorporated by reference herein or physically attached hereto set forth the entire Agreement and understanding between the parties as to the subject matter set forth herein and merge and supersede all prior discussions, agreements and understandings of any kind and every nature between them with respect to such subject matter. There are no separate contemporaneous agreements, either oral or written, which change, modify or contradict this Agreement. Customer acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. The terms and conditions of this Agreement shall prevail, notwithstanding any variance with the terms and conditions of any other instrument submitted by Customer. Such order or other instrument shall be for Customer’s internal use only.
15. Construction. Any ambiguities in this Agreement will not be strictly construed against the drafter of the language but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time contracting. This Agreement may not be construed against any party by reason of its preparation.
16. Governing law and venue. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois. The parties agree that venue for any action related to performance of this Agreement shall be the Circuit Court of the Cook County 3rd Municipal District , Cook , Illinois.
17. Other. __________________________________________________.
THE CUSTOMER HEREBY ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO BE BOUND BY ITS TERMS, CONDITIONS AND PRICES. THE CUSTOMER FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE MUTUAL UNDERSTANDING OF THE PARTIES AND THAT THIS AGREEMENT SUPERSEDES AND CANCELS ALL PREVIOUS WRITTEN AND ORAL AGREEMENTS AND COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.