TERMS AND CONDITIONS OF SALE
Payment for goods shall occur within thirty (30) days of the date of the invoice setting forth the costs of said goods.
All Sales shall be FOB Latrobe, Pennsylvania
Payment must be received by Extramet LLC at 2890 Ligonier ST. Latrobe, Pennsylvania, 15650, on or before the date set forth in Paragraph 1, above.
If full payment is not received by Extramet, LLC at the address set forth above, on or before the date set forth in Paragraph 1...a charge of one and one-half (1 1/2%) percent per month will be assessed on the unpaid balance.
One and one-half (1 1/25) percent will be assessed each and every month during which there remains any balance that is more than thirty (30) days past due.
If any balance remains unpaid for a period of sixty (60) days or more, Extramet LLC shall have the right to take any legal action to collect the past due amount, including but not limited to the right to confess judgment as set forth in Paragraph 15, herinbelow.
Rejection of goods for failure to conform to the goods ordered must be made within fifteen (15) days after their delivery. Written notification of the rejection must be received by Extramet LLC at the address set forth hereinabove. The notice must state the basis of the alleged nonconformity of the goods and describe the portion of the shipment being rejected.
If standard goods are returned to Extramet LLC for any reason whatsoever, a restocking fee of fifteen (15%) will be charged. If special manufactured to order goods are canceled during production prior to shipment they will billed based on the percentage of processing completed.
If Standard goods are returned, they must be returned within fifteen (15) days of the date of the invoice. Special manufactured to order goods may not be returned for credit except for the condition noted in paragraph 7.
The terms set forth hereinabove shall be binding on the Purchaser, their heirs, executors, administrators, legal representatives, successors and assigns.
In the event that one or more of the terms set forth in the Terms and Conditions of Sale shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision herein.
The Terms and Conditions of Sale and the sale itself shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
Any action commenced by Extramet LLC for the collection of any sums, or any action commenced by Purchaser with respect to the sale of goods, shall be commenced in the Court of Common Pleas of Westmoreland County, Pennsylvania.
The laws of the Commonwealth of Pennsylvania shall govern all aspects of any and all transactions between Purchaser and Extramet LLC.
Purchaser does hereby empower the prothonotary or any attorney of any Court of record within the United States or elsewhere, to appear for Purchaser, and with or without declaration filed, confess judgment against Purchaser and in favor of Extramet LLC, its successors and assigns, as of any term, for the sum due by reason of the failure of Purchaser to make payment as set forth, herein above, including unpaid charges for failure to pay within thirty (30) days, with costs of suit and attorney's commission of fifteen (15%) percent for collection and without stay of execution and inquisition and extension upon any levy is hereby expressly waived, and condemnation agreed to, and the exemption of any and all property from levy and sale on any execution hereon, is also hereby expressly waived, and no benefit of exemption be claimed under and by virtue of any exemption law now in force or which may be hereafter passed.
