Sabert Terms of Sale & Conditions 2012

PAYMENT TERMS

• Net 30 days from invoice date.
• A 1 1⁄2 % service charge will be applied to unpaid invoices over 30 days.

FREIGHT

• Freight will be prepaid on orders of 200 cases or more shipped in a single shipment to one destination.
• Shipments under the 200 case minimum will be shipped collect freight.

CUSTOMER ORDER POLICY

• All orders received will be processed and acknowledged within 24 hours. Sabert assigns an order number to every order received and acknowledged. Any purchase orders placed that does not receive an acknowledgement within 24 hours and contain a Sabert order number should not be assumed to have been received by Sabert.

MINIMUM ORDER REQUIREMENTS

• The minimum order requirement for prepaid freight is 200 cases.
• All orders less than 200 cases, including pick‐ups carry a $20 handling charge plus freight charges.

LEAD TIME

• Normal lead‐time is 7 calendar days from the date the order is placed to ship.
  • No changes to the order will be allowed after 4 days from the receipt of the order. If changes are required after the 4 days, the order will be considered a rush order and the applicable charge will be added to the order.
• Any order requested to be shipped before the 7 day lead time will be charged a 6% rush order fee to cover the additional expenses.

CUSTOMER PICK UP

• All merchandise picked up at any Sabert Corporation facility in a customer owned, leased, or contract carrier vehicle is sold on a FOB origin basis. The driver of the customer vehicle is responsible for count and will assist in loading the vehicle.
• Any shortage, damage, or consequential loss is at the customer's expense. Buyer must notify Sabert Corporation 24 hours in advance of any pickups.

TRANSPORTATION

• Any transportation routing or method of packaging specified by the buyer will be followed to the extent that it is practicable to do so, but any resulting increased costs will be on the buyer's account and will be added to the invoice.

RETURN GOODS POLICY

• Customers may request a return authorization from Sabert Corporation as long as the products are:
  • Less than 1 year old from the date of purchase
  • Actively stocked, non custom items
  • For quantity that will not create greater than 12 months of supply once returned to stock
  • No discontinued items can be returned
  • Undamaged and returned in sellable condition
  • Total return value over $250
• If the above requirements are met, then the customer will be responsible for:
  • A 20% restocking fee on existing products
  • A 5% restocking fee on new products launched by Sabert within the last 9 months from return date.
  • Arranging and paying for freight back to an agreed upon Sabert plant location
  • Duties (if applicable)

TERMS AND CONDITIONS

DAMAGES & SHORTAGES

• Inspect all shipments immediately.
• Damages and shortages must be reported to the carrier upon shipment of goods. All damages and shortages must be noted on your freight bill and signed by the driver.
• All claims must be submitted to Sabert Corporation within 48 hours.

UNLOADING PRODUCT POLICY

• Sabert Corporation does not cover or authorize any unloading costs for any shipments in North America.

CLAIMS

• All claims of any nature which are not made to Sabert Corporation in writing within 30 days after the arrival of goods at the destination are waived.
• All claims for losses or damages which occur in transit should be made to the freight carrier by the buyer and not deducted from the invoice. Buyer will afford Sabert Corporation's representative reasonable opportunity to examine and test the material which is the basis of the claim.
• No claim against Sabert Corporation will be allowed or given credit for the merchandise returned without prior authorization of Sabert Corporation in writing.
• In the event the material received is damaged or an order received is short, the buyer should immediately notify Sabert Corporation's customer service department. A copy of the delivery carrier's receipt, indicating the damage or shortage and the disposition of the damaged material must accompany this notification.

CREDIT

• Terms of sales are subject to approval of Sabert Corporation's credit department. Sabert Corporation reserves the right to receive adequate security from buyer or advance or COD payment before making or continuing shipments hereunder in the event that the buyer's credit shall at any time be or become impaired.

TITLE, RISK OF LOSS

• Title to material and risk of loss thereof shall pass to buyer upon delivery to the carrier at the shipping point.

TAXES

• In the absence of proper exemption certificates forwarded to Sabert Corporation by buyer, Sabert Corporation shall collect from buyer all applicable sales or use taxes or other proper taxes or governmental charges, now imposed by Federal, State, or Local authorities upon the production, sale, and/or shipment of the material sold hereunder or hereinafter becoming effective prior to the delivery of material.

PRODUCT WARRANTY

• Sabert, as the seller, warrants that products shipped to any buyer will be free of defects in workmanship. The seller makes no warranty of any other kind, expressed or implied.
• The buyer shall assume all risks and liabilities for results obtained by the usage of Sabert products either singly or in combination with other products
• The seller's liability for loss or damage due to the use of seller's products is limited to replacement of seller's material only.
• No representative has the authority to make any guarantee or agreement except as stated herein.

PERFECT MATCH BILLING

• Sabert Corporation is committed to providing timely delivery of all products and services. Please ensure that all purchase orders have all current and correct pricing to secure perfect match billing. This should result in timely shipments and delivery of products and services.
• Any purchase orders that have incorrect pricing will be subject to new product delivery dates from the date the pricing has been corrected and resolved.

FORCE MAJEURE

• The consequence, direct or indirect, of labor troubles, fires, accidents, floods, war, shortage of transportation, failure, suspension or curtailment of production due to the shortage of supply of raw materials, or other economic factors, Government acts or requirements and any and all like or different causes beyond the control of the parties hereto shall excuse performance by either part to the extent by which performance is prevented thereby the buyer shall not be excused with regard to shipments already made or materials then in process of manufacture. Sabert Corporation may, during any period of shortage due to any of said causes, allocate the available supply of material among its customers in such manner as may be deemed equitable in the sole judgment of Sabert Corporation.

ASSIGNABILITY

Buyer may not assign this agreement without Sabert Corporations prior written consent.

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