- In these Terms and Conditions (TERMS AND CONDITIONS): BUYER means the person, firm, company or other organization who or which has ordered PRODUCTS from SWIFT; SWIFT is the company making the sale; CONTRACT means the contract for the sale and purchase of PRODUCTS between SWIFT and the BUYER as may be further evidenced by SWIFT’s final written offer, quotation or order acknowledgement and no prior proposals, statements, representations or conditions will be binding on either party; PRODUCTS means any items agreed to be supplied by SWIFT; and
- These TERMS AND CONDITIONS shall be incorporated into the CONTRACT and shall apply to the exclusion of any conditions of the BUYER. These TERMS AND CONDITIONS may not be varied or waived except with the express written agreement of SWIFT. The failure of SWIFT to enforce its rights under the CONTRACT at any time, for any period of time, shall not be construed as a waiver of any such rights.
Prices and Quotations
- The price of the PRODUCTS shall be SWIFT’s quoted price or, if SWIFT has not issued a quotation, SWIFT’s list price of the PRODUCT at the time SWIFT receives BUYER’S purchase order. SWIFT’s quotations are valid for 60 days from the quotation date unless otherwise stated in SWIFT’s quotation. If SWIFT’s price is stated by reference to a price list, then the price shall be SWIFT’s list price in the jurisdiction in which the PRODUCT is to be delivered or performed in effect at the time SWIFT receives BUYER’S purchase order. Prices stated are exclusive of all taxes, fees, licenses, duties, levies or other governmental assessments and, unless otherwise agreed in writing, shipping and handling charges, freight and insurance. All taxes, duties and other charges related to PRODUCT shall be paid by BUYER, or in lieu thereof, BUYER shall provide SWIFT with a tax exemption certificate acceptable to the relevant taxing authorities. Taxes, duties and other charges payable by BUYER may be billed as separate items on SWIFT’s invoice.
Acceptance of Orders
- SWIFT may accept or reject any BUYER purchase order for PRODUCT in whole or in part.
- Unless otherwise agreed in writing, payment in full shall be made to SWIFT in the currency invoiced, no later than thirty (30) days from the date of invoice.
- In the event of late payment, SWIFT reserves the right: (i) to suspend deliveries and/or cancel any of its outstanding obligations; and (ii) to charge interest at the lower of (a) an annual rate equal to twelve (12) % or (b) any applicable maximum statutory rate on all unpaid amounts calculated on a day to day basis until the actual date of payment.
- If SWIFT retains a collection agency or attorney to collect unpaid amounts, SWIFT may invoice BUYER for, and BUYER will pay, all reasonable costs of collection, including without limitation reasonable attorney’s fees.
Changes and Returns
- SWIFT reserves the right to make any change in the specification of the PRODUCTS which does not materially affect the performance, use, or price thereof.
- PRODUCTS may only be returned with