TERMS AND CONDITIONS

 
  1. Entire Agreement. This agreement, including any documents, schedules, and any Paper Mart Credit Applications signed by the Buyer constitute the final expression of the agreement between Buyer and Paper Mart with respect to the subject matters, and is a complete, fully integrated and exclusive statement of their agreement in this regard and there are no understandings, agreements, covenants, representations or warranties of any kind, express or implied, not expressly set forth herein.

  2. No provision of any purchase order or other document issued by Buyer will alter or add to the terms of this agreement and any such provision will be void and of no effect. No modification of this agreement by Buyer will be binding unless it is in writing and is signed by an authorized representative of Paper Mart and no modification of this agreement shall be effected by the parties’ course of dealing, usage, or trade custom. In addition, no application of Section 2.207 of the Uniform Commercial Code (or its local equivalent) to “knock out” or otherwise modify, amend, supplement, or supersede any terms or conditions of this agreement shall have any effect and is expressly rejected. By taking delivery of product, Buyer shall be conclusively deemed to have accepted and assented to these General Terms and Conditions. In the event that Buyer and Paper Mart engage in any electronic transactions, including, but not limited to, electronic data interchange or facsimile exchanges, such electronic exchanges shall be subject to the terms and conditions of this agreement.

  3. This agreement shall be governed by and enforced in accordance with the laws of the State of California without reference to its conflict of law rules. Buyer, by taking delivery to any product, shall be conclusively deemed to have consented to personal jurisdiction in the aforementioned state.

  4. Open account terms if granted are net 20 days. A $1.50 open account processing fee is charged per invoice. In the event collection is required for past due invoices and accounts, Buyer agrees to pay any collection costs and/or legal fees incurred. Paper Mart reserves the right to revoke credit extended to Buyer at any time.

  5. Buyer agrees to pay a $25.00 charge on any returned check or other denial of payment. Paper Mart reserves the right to refuse a check for any reason.

  6. Paper Mart shall not be held liable for delay in or failure to deliver goods due to causes beyond Paper Mart’s control, including without limitation, claims of force majeure, allocations of product, work stoppages or slowdowns, labor difficulties, fire, floods, accidents, riots, acts of God, war or terrorism, governmental interference or embargo and Buyer waives any right to assert a claim against Paper Mart in respect thereof.

  7. For local deliveries made by Paper Mart trucks, up to two delivery attempts will be made during regular delivery hours. Paper Mart then reserves the right to cancel the order and charge a delivery fee.

  8. All prices, terms and conditions are subject to change without notice. Buyer accepts all terms and conditions as stated on Paper Mart’s website.

  9. Shipping damage claims must be made on receipt of goods. No goods will be accepted or allowances made by Paper Mart after being used, damaged after delivery or otherwise not saleable.

  10. The Buyer agrees to use the products in accordance with: a) Any instructions provided to Buyer by Paper Mart b) All federal, state, and local laws and regulations governing the storage, use and maintenance of the products and c) Best industry practices.

  11. Determination of the suitability of the product(s) supplied hereunder for the uses and applications contemplated by the Buyer and others shall be the sole responsibility of the Buyer. Buyer shall not rely on any descriptive pictures or text provided by Paper Mart to determine the suitability of any product for Buyer’s use.

  12. The misuse of products, improperly following written instructions or not heeding stated hazards renders Paper Mart, owners, employees and vendors harmless and not liable for any damages or injuries incurred.

  13. Paper Mart reserves the right to limit quantities on goods for any reason. Paper Mart may also alter quantities sold to comply with bundle or unit counts on merchandise.

  14. Paper Mart is not responsible for any errors resulting from misinformation provided by the Buyer.

  15. Returned merchandise will be accepted for a refund or credit within 30 days from date of receipt and if received by Paper Mart’s warehouse in 100% salable condition and must be accompanied with a Return Merchandise Authorization (RMA) number and date of purchase. Defective claims will be accepted within 30 days for a full refund (restocking fee will not apply). Returns are subject to shipping and/or handling charges. Custom and factory direct items are not returnable unless damaged or defective. We are unable to accept any return of merchandise after 30 days from date of receipt.
 
Revised 04/2018
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