The Acknowledgement, Invoice and Terms & Conditions, together with all relevant drawings and specifications, constitute the entire agreement between the Purchaser (herein referred to as “Customer”) and Black Forest Ltd. (herein referred to as “Black Forest”).
Changes or cancellations of Customer purchase orders in process will be subject to costs incurred to date.
Any date of delivery furnished by Black Forest to Customer is determined from the date of Black Forest’s receipt of Customer’s purchase order and its agreement to payment terms as shown below. The date is only an estimate of the date of delivery and is not a guarantee of a particular delivery date, unless agreed to in writing. Black Forest shall not be liable for a failure or delay in shipment.
All Black Forest products will be shipped by whatever means and carrier that Black Forest considers the most appropriate method of transportation, unless otherwise directed by Customer. Standard shipping is United Parcel Service (UPS) Ground. Charges, including insurance coverage, will be added to Customer’s invoice. Black Forest’s UPS Shipping program offers an insurance limit that far exceeds the limits for shipping jewelry via normal UPS rates. If Customer desires to use their own shipper number, or an alternative shipping method, please alert your Account Manager. If using Customer’s shipping number, risk of loss shall pass to Customer upon delivery by Black Forest to the carrier. If using Black Forest’s shipping number, risk of loss shall pass to customer upon delivery by carrier to the destination.
Errors or omissions in any Black Forest quotation, acceptance, specification, or other document shall be subject to correction at Black Forest’s discretion.
Customer agrees to pay all costs and expenses, including, without limitation, reasonable attorney’s fees and expenses incurred, or which may be incurred, by Black Forest in connection with the enforcement of the Acknowledgement, Invoice and Terms & Conditions.
The language of all parts of the Acknowledgement, Invoice and Terms & Conditions will in all cases be construed as a whole in accordance with its fair meaning and not strictly for or against any party hereto. If any provision hereof shall at any time be declared illegal and/or unenforceable between the parties hereto by a final decree of a court of competent jurisdiction, or by statute, then said part, and that part only, shall be deemed invalid and inoperative between the parties, it being understood and agreed that said remaining parts shall retain full force and effect between the parties.
The Acknowledgement, Invoice and Terms & Conditions contain the entire understanding between the parties and supersede all prior communications and understandings with respect thereto. The Acknowledgement, Invoice and Terms & Conditions may not be superseded, amended, or modified except by a writing signed on behalf of all parties. Customer expressly agrees to these Terms and Conditions.
Payment terms are net 30/no discounts unless otherwise covered by special quotation. All payments to be in US funds. Credit Check required prior to production scheduling.
Credit card payments are subject to a 3% service charge.
Any balance due which is not paid within thirty (30) days shall bear interest at the rate of one and one-half (1.5%) percent per month on the unpaid balance.
If Black Forest shall commence any action to collect amounts due, Customer shall indemnify and hold harmless Black Forest from any and all costs or expenses of collection, including, but not limited to, reasonable attorney’s fees.
Any and all claims regarding quality and/or quantity of shipments must be made within 2 business days of receipt of merchandise.
Credit applicants authorize Black Forest to verify all information provided on the application, including running credit reports, contacting references, etc. All information obtained will be held in the strictest confidence.
Accounts needing a credit limit of $10,000 or more may be required to provide additional financial information to allow account approval.
Personal Guarantees or Bank Letters(s) of Credit may be required for orders over $10,000.
Accounts more than 15 days past due (45 days from original invoice date) may be placed on COD status without notice, until a satisfactory resolution is reached.
Certain orders may require a deposit with order and are not cancelable.
In the event of default, collection costs and/or attorney fees will be borne by the Customer.