Terms and Conditions

III. PRICE QUOTES, TOTAL PRICE, PAYMENT, TITLE, INTEREST, COLLECTION COSTS AND FEES

• A. Price Quotes. The goods that are the subject matter of this Contract and the quantity of goods to be delivered by Aetna and received by Purchaser under this contract are all described in detail on Aetna’s order form, or, at its discretion, Purchaser’s acknowledgement form or Purchase Order, which is incorporated into this Contract by reference. Price quotations on goods scheduled or forecasted for delivery beyond one month from the date of the quotation are not binding upon Aetna. All orders including those received on the basis of a quotation are subject to acceptance and acknowledgement by Aetna. Prices quoted and acknowledged do not include federal, state or local taxes as applicable, and these taxes will be added to the sales price when Aetna is legally obligated to collect the taxes unless Purchaser provides Aetna with a proper tax exemption certificate. All prices quoted and acknowledged are subject to correction for stenographic, typographic and clerical errors.
• B. Total Price And Payment. The price for the goods that are the subject matter of this Contract is set forth on Aetna’s order form or, at its discretion Purchaser’s acknowledgement form or Purchase Order which is incorporated into this Contract by reference. The terms of payment are net 30 days from the date of invoice unless otherwise indicated by Aetna at its sole discretion. Purchaser shall be assessed a 4% handling charge on the invoiced outstanding balance for payments made by credit card more than 30 days from the date of invoice. Aetna extends credit purely at its discretion and prorata payments from Purchaser are due as shipments are made. Aetna ships all goods FOB Aetna’s plant and risk of loss passes to Purchaser upon delivery by Aetna to a common carrier for shipment to Purchaser. Each shipment made shall be treated as a separate transaction. In the event of default by Purchaser, then Aetna’s decision to make further shipments shall not in any way affect its rights and remedies under law and shall not constitute a waiver of default by Aetna. If, in Aetna’s judgment, Purchaser’s financial condition does not justify the terms of payment specified, Aetna may, at its option, (1) cancel this Contract, or (2) refuse to perform further under this Contract unless Purchaser shall immediately pay for all goods which have been delivered. Goods returned for credit without Aetna’s written permission will not be accepted. Claims against Aetna for shortages must be made in writing within 10 days after receipt of shipment.
• C. Title, Interest, Collection Costs And Fees. Purchaser agrees to pay a delinquency charge of 1½% per month (18% per annum) on any outstanding balances owed by Purchaser and not paid after 60 days from invoice date until Purchaser renders payment in full. If Aetna must pursue legal action against Purchaser to collect any amounts owed by Purchaser to Aetna, Purchaser agrees to pay Aetna’s expenses, including reasonable attorneys’ fees, incurred as a result of the legal action. Until Purchaser pays Aetna the purchase price and all other sums due in full, Aetna retains title to all goods shipped by Aetna to Purchaser. Aetna may, at its discretion, seek additional security from Purchaser on any amount due to Aetna for goods shipped from Aetna to Purchaser and thus Aetna may retain a security interest in the goods and in all proceeds of the goods. Purchaser shall execute a financing statement(s) on request and irrevocably authorize Aetna to execute and file same.