Acceptance: All orders are subject to AMED-US acknowledgment and acceptance in writing. these terms and conditions by accepting delivery of the goods reflected on the invoice attached hereto or associated herewith.
Arbitration: Any disputes arising from or related to this invoice will be resolved through arbitration in Miami, Florida, consistent with the commercial arbitration rules of the
American Arbitration Association.
Amendment: These Terms and Conditions are subject to amendment only in writing signed by both parties.
Claims: Any claims concerning defective or damaged goods should be made in writing to the home office within three days after discovery. It is the receiving party’s responsibility to inspect the goods upon receipt. Any damage must be noted on the truck bill of lading. Claims for damage during shipping should be filed directly with the freight company, AMED-US is not responsible for any such claims. Any warranty claims and returns require prior written approval from AMED-US.
Delays: AMED-US will not accept responsibility for delays beyond its reasonable control, including, but not limited to, incidents of war, strike, loss of carrying vehicle, embargo, late delivery of materials, changed specifications or instructions, etc. AMED-US reserves the right to charge for any delays arising from special circumstances, needs arrangements, and requirements or restrictions regarding delivery required by the buyer that were not disclosed prior to dispatch and/or regarding site conditions or excavations that were not disclosed prior to the quotation, or which arise after the quotation is provided, regardless of the cause or circumstance. Escalation: Should any agreement be significantly extended by quantity or time, then AMED-US reserves the right, at its discretion, to apply an escalation based on federally published figures and normally accepted formulae.
FOB: FOB is the manufacturer’s factory unless otherwise specified. Freight will be added. Freight charges for shipments from AMED-US will include inbound freight from the supplier. FOB terms other than above must be agreed to and accepted in writing by AMED-US.
Freight: AMED-US. reserves the right to ship via the carriers that, in our opinion, are the most efficient. Damage or loss during transit should be filed against the carrier.
Hazardous Materials: Buyer agrees to hold AMED-US harmless for direct, consequential, and any and all damages caused by any Hazardous Materials found on or in the Job Site. The removal and disposal of such materials is the responsibility of others, and AMED-US reserves the right to charge for any costs (both direct and consequential) it incurs as a result of handling or exposure to Hazardous Materials on Buyer’s premises, or on the job site to which Buyer directs the product be delivered.
Installation: AMED-US. does not install the equipment purchased by Buyer unless agreed to, in writing, in advance of delivery. It is the customer’s responsibility to insure the proper installation of equipment in accordance with the manufacturer’s instructions.
Invoicing: Invoicing will commence within the delivery terms of the order and as soon as the goods are ready for shipment. If shipment is delayed at the client’s request, invoicing and payment will still proceed and the goods will be stored for safe keeping in a separate area of our warehouse for up to 30 days at no charge, after which AMED-US may assess a daily charge for storage.
Liability: AMED-US is not responsible for consequential damages due to failure of the goods to perform as anticipated, regardless of the reason. Any applicable warranty would be covered under the manufacturer’s warranty. By accepting goods purchased within this invoice, the Buyer agrees that AMED-US liability is limited to the cost of the goods manufactured. Outstanding Accounts: All accounts outstanding beyond the agreed Payment Terms will be subject to an interest charge not exceeding 1.5% per month. The finance charge rate is equivalent to an annual percentage rate of 18%.
Partial Delivery: AMED-US will accept orders where partial delivery if requested on different dates. Such partial delivery will not invoke any penalty.
Payment: AMED-US payment terms are Net 30 days/Contractual Terms from the date of invoice. Payment terms other than Net 30 days must be agreed to and accepted in writing by AMED-US prior to accepting the order.
Performance: All product supplied meets the performance standards applicable at our facilities situated throughout the State of Florida, USA. Any costs incurred to meet the performance standards for the area where the product will be used will be charged to the account of the purchaser.
Purchase Order: By accepting the goods described in the invoice attached hereto or associated herewith, Buyer agrees for all terms and conditions.
Specification: Except where otherwise stated, all goods are manufactured to the relevant specifications as indicated in our quotation and submittal material, which reflect the final agreement of AMED-US. to such specifications.
Taxes and Dues: Any excise, sales, use, occupational, or other tax imposed upon the seller during this sale shall be added to the selling price. All applicable Federal, State, and Local sales and use taxes apply unless an appropriate Sales Tax Exemption Certificate is provided at the time of order.