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Y Group compan
y
5
ASSA Standard Terms & Conditions
TWIN V-10, TWIN EXCLUSIVE, TWIN PRO, TWIN MAXIMUM, CLIQ
Standard Terms & Conditions of Sale
1. General; Definitions
1.1 Entire Agreement
Unless otherwise agreed to in writing by ASSA, Inc.
(“ASSA”), the terms and conditions contained herein
constitute the entire agreement between the parties
with respect to the subject matter hereof and
supercede all prior communications and agreements.
Acceptance by ASSA of Buyer’s Order, or Buyer’s
acceptance of ASSA’s proposal, is expressly limited to
and conditioned upon Buyer’s acceptance of these
terms and conditions which may not be changed or
waived except in writing signed by the parties. Any
additional, inconsistent or different terms and
conditions contained in Buyer’s purchase order or
other documentation are hereby expressly rejected.
1.2 Definitions
In these terms and conditions of sale: (i) “Buyer”
means the person or entity who accepts a quotation of
ASSA for the sale of the Products or whose Order for
the Products is accepted by ASSA; (ii) “Conditions”
means the standard terms and conditions of sale set
out in this document and includes any special terms
and conditions agreed to in writing between Buyer
and ASSA; (iii) “Order” means an order for Products
placed by Buyer with ASSA and accepted by ASSA;
(iv) “Products” means the products ordered by Buyer
and shall include all products, parts and accessories
furnished to Buyer by ASSA.
2. Shipping; Delivery
2.1 Terms of Shipment
Unless otherwise agreed to in writing, all Products are
shipped F.O.B. ASSA’s location. ASSA reserves the right
to deliver in installments.
2.2 Shipping Charges
Subject to Section 2.3, ASSA will pay all shipping
char
ges in advance of shipment only for shipments of
$1,500.00 net U.S. or mor
e with deliver
y to Buyer at a
single location. Buyer will pay all shipping charges in
advance of shipment for all shipments that ar
e less
than $1,500.00 net U.S. or that r
equir
e deliver
y to
Buyer at more than a single location. Such charges will
be added to Buyer
’
s invoice.
2.3 Choice of Car
rier; Route
Unless otherwise requested on Buyer’s Order, ASSA will
ship by carrier and route of its choice to any freight
service point within the continental United States. If
Buyer requests a carrier or route on its Order, ASSA will
deliver in accordance with such request and Buyer will
pay the entire amount of all shipping charges in
advance of shipment.
3. Title and Risk of Loss
Subject to Section 5.3, title to and risk of loss of each
Product purchased by Buyer shall pass to Buyer and
delivery shall be deemed to be complete upon transfer
of the Products to a carrier for shipment at ASSA’s
location or the Products otherwise leave the possession
or control of ASSA. This Section 3 shall survive any
expiration or termination hereof.
4. Orders
4.1 Acceptance
ASSA reserves the right to refuse Orders and is
not bound to honor any Order unless and until such
Order has been accepted by ASSA. ASSA may refuse an
Order by delivering notice, orally or in writing, of such
refusal to Buyer within ten (10) days of ASSA’s receipt
of such Order.
4.2 End User Security Authorization Procedures.
To insure proper control of End User restricted products,
ASSA requires that the End User complete a Delivery of
Controlled ASSA Components for End Users Form. The
form will indicate where and to whom their restricted
product will ship upon leaving the ASSA factory.
Restricted product is defined as high security keyblanks,
cut keys, sidebars, sub-assembled cylinders (SUB),
complete and master keyed cylinders (COMP), and key
charts. All or
ders involving an End User restricted product
must be signed by the proper
authorized personnel on
file at ASSA. This is critical in order to maintain the
integrity of the End User’s key system. ASSA will honor
the specific, written instructions of the authorized
personnel
for the shipping and handling of each
purchase order. Such instructions must be included with
each order. A copy of the End User Controlled Product
Delivery Form is available by contacting ASSA customer
service or the local ASSA sales representative. Please
note the option of blanket authorization on the form. If
the distributor chooses this option, it is the distributor’s
responsibility to keep the authorization current and
on file. ASSA does not maintain any files of blanket
authorizations. A copy of a CURRENT authorization form
signed by an authorized signatory must accompany
every Distributor purchase order containing End User
restricted product sent to ASSA whether the product is
shipping to the End User location or not. All orders not
having this form will be suspended indefinitely or until
such form is produced. In the event that any change
occurs in the authorization of any End User personnel,