- This Delivery Ticket and/or Invoice (“Order”) expressly limits acceptance to the terms, conditions or instructions stated herein, and any additional or different terms, conditions, or instructions proposed by Customer/Buyer (Buyer) are hereby rejected unless expressly assented to in writing by Freight Crafters, Inc. dba DFW Crating & Packing, and RSI Crating & Packaging (“Seller”). Buyer shall be bound by this Order when Buyer executes and delivers to Seller the original copy of this Order and Seller completes this Order. No contract shall exist except as hereinabove provided and no other form of acceptance is binding on Seller.
- All charges for packing, boxing, crating, sealing, insulating, and/or cartage agreed upon at the time of purchase will be charged to the Buyer. Warehouse labor required for services other than ordinary handling and storage will be charged to the Buyer. Special services requested by the Buyer including but not limited to compiling of special stock statements; reporting marked weights, serial numbers, or other data from packages; physical check of goods; and handling transit billing will be subject to charges. Dunnage, bracing, packing materials, or other special supplies may be provided for the Buyer at a charge. By prior arrangement, goods may be received or delivered during other than usual business hours, subject to a charge. Communication expenses including postage, facsimile, telegram, or telephone may be charged to the Buyer if such concerns more than normal inventory reporting.
- Damage to any item or items not packed to ensure proper protection will be the Buyer’s responsibility in the event that a claim for such damage is denied by the carrier on the basis of inadequate packing and protection. All goods for packing and crating by Seller shall be delivered to the warehouse properly marked and packaged for handling. Buyer shall furnish at or prior to such delivery, a manifest showing marks, brands or sizes to be kept and accounted for separately and services desired.
- Buyer may not assign or attempt to assign any funds accrued under this Order without first obtaining the written consent of Seller and no such assignment shall be binding on the Seller unless and until accepted in writing by Seller.
- All drawings, specifications, and other data submitted to Buyer with bid forms, and other documents referred to on the face of the Order are hereby incorporated herein and made a part hereof by reference. All goods or services furnished by Seller will comply with ISPM-15 standards and are so indicated by the IPPC stamp bearing Seller’s assigned ALSC number on the crating furnished by Seller. All quotations and/or Orders furnished by Seller to Buyer are F.O.B. Seller’s dock at the address noted in paragraph (6) following unless freight charges are stated separately as part of the quotation, delivery ticket, and/or invoice.
- Invoices are sent as soon as possible after delivery. Buyer agrees to the terms of the sale and delivery. Interest may be charged on all unpaid past due invoices at the highest rate permitted by law. The customer agrees to pay reasonable attorney’s fees and all other costs incurred for collection. Returned check fees and late payment fees are included in the balances subject to finance charges. Accounts are due and payable in 30 days in accordance with stated invoice terms. Accounts are payable to: Freight Crafters, Inc. at 602 Fountain Pkwy, Ste. D, Grand Prairie, Texas 75050.
- The Buyer agrees that the Seller shall in no event be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of the Seller for any amount in excess of $50.00 USD per receipt of goods tendered for storage (or the invoice value, if less) and any partial loss or damage for which the Seller may be liable shall be adjusted pro-rate on the basis of such valuation. The Buyer has the option of paying a special compensation to increase the liability of the warehouse in excess of $50.00 USD per receipt in case of any loss, damage, expense or delay from causes which would make the Seller liable, but such option can be exercised only by specific written agreement made with the Seller prior to receipt of goods tendered for crating or storage. Seller makes NO WARRANTY, EXPRESSED OR IMPLIED, with respect to any goods that carry a manufacturer’s warranty that runs for the benefit of the Buyer. The foregoing warranty runs to the Buyer and is not intended to run to or benefit any subsequent purchaser or user of the goods. The buyer agrees to inspect the goods upon delivery. No claim for shortages or for breach of the foregoing warranty may be made by the Buyer unless notice of such shortages or defect is given to the Seller within five (5) days after delivery. Any claim made after proper notice must be commenced within the minimum time allowed by applicable state law. Any express warranty beyond those set forth above shall be valid only if given in writing at the time of the sale. Buyer’s remedies as stated herein are Buyer’s sole and exclusive remedies, and Seller is not liable for any damages, whether ordinary, incidental, or consequential.
If you believe an invoice is incorrect, you must give us written notice prior to the due date of the invoice, stating the reasons you question the amount. We will conduct an investigation into the dispute; however, until the dispute is resolved, you will be required to pay all other unpaid invoices. If you believe workmanship is not adequate, advise us about your complaint so that an investigation can be made. When notification is received, we will try to resolve the dispute. All complaints must be submitted in writing to: Freight Crafters, Inc., 602 Fountain Pkwy, Ste. D, Grand Prairie, TX 75050.
NOTICE OF CLAIM AND FILING OF SUIT
Claims by the Buyer and all other persons must be presented in writing to the Seller within a reasonable time and in no event longer than thirty (30) days after delivery of the goods by the Seller. No action may be maintained by the Buyer or others against the Seller for loss or injury to goods stored or shipped unless a timely written claim has been given as provided in this section and unless such action is commenced either within nine months after the date of delivery by Seller or within nine months after Buyer of record or the last known holder of a negotiable warehouse receipt is notified that loss or injury to part or all of the goods has occurred, whatever time is shorter.
GENERAL LIEN ON ANY PROPERTY
The Seller shall have a general lien on any and all property (and documents relating thereto) of the Buyer, in its possession, custody or control or en route, for all claims for charges, expenses, or advances incurred by the Seller in connection with any shipments of the Buyer and if such claim remains unsatisfied for thirty (30) days after the demand for payment is made, the Seller may sell at public auction or private sale, upon ten (10) days written notice, registered mail, to the Buyer, the goods, wares and/or merchandise, or so much as may be necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due to the Seller. Any surplus from such sale shall be transmitted to the Buyer, and the Buyer shall be liable for any deficiency in the sale.
This Order includes all changes and addenda to date, constitutes the entire understanding of the parties hereto, and supersedes any prior proposals, understandings, correspondence, and/or agreements. This Order and the interpretations hereof shall be governed by the laws of the State of Texas; and jurisdiction and venue shall lie in any actions in the appropriate forum in Tarrant County, Texas. Seller’s failure to insist on performance of any terms, conditions, or instructions, or to exercise any right or privilege here included, or its waiver of any breach, shall not thereafter waive any such term, condition, instruction, and/or any right or privilege. NO-agreement or other understandings in any way modifying the terms of this order will be binding upon the Seller unless made in writing and signed by an authorized agent of Seller.