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Terms and Conditions of Sale <br />By acceptance of material, customer agrees that this transaction is subject to th~ Credit Agreement <br />drawn by United Pipe & Supply Co., Inc. (hereinafter referred to as United Pipe) whether ar nat the <br />transaction occurred under:a signed credit agreement. <br />Purchaser(s) shall pay all invoices in full by.receipt in our office within 30 days from invoice date or in accordance with <br />the terms printed on each invoice, and agrees to pay a late payment charge of 1.5% per month (18°io per annum) on <br />invoices not paid when due. Payments that deduct discounts must be mailed and postmarked by the discount date <br />on the invoice. If purchaser(s) fail to pay any invoice in full when due, purchaser shall pay United Pipe's reasonable <br />attorney fees and costs, for any court annexed arbitration, on any appeal, and on denial of any petition for review even <br />if no action is filed. Jurisdiction of any action may, at the sole option of United Pipe, be the caurts of the state of Oregon <br />with venue in Washington County, the state of Washington with venue in King County, or the sta~e of Idaho. with venue <br />in Ada County. Purchaser(s) consent to such jurisdictions and venues. This agreement shall be governed by and <br />construed in accordance with the state where the action is filed. If the account is referred to a third party collection <br />agency, purchaser{s} agree to pay all collection costs equal to a minimum of 35% of the princip<~I amount due. <br />Prices are subject to change without notice. The amount,of any United Pipe invoice shall be conclusiuely binding upon <br />purchaser(s) as due unless, purchaser(s) objects in writing within 10 days of invoice date. <br />Purchaser(s) agree that claims for shortages andlor notice of non-conforming goods must be made within 72 hours <br />of delivery. All returns must be pre-approved by United Pipe accompanied by proof of purchase, and are subject to a <br />minimum of 15% restocking charge. Special order or non-stnck items may not be returned. <br />Limitations on United Pipe's Liability: Purchaser(s) agree that no consequential; incidentaV, liquidated or other.. <br />' dainages of any kind shall be recoverable frorri United Pipe arising by reason of or related to goods provided <br />or to be provided at any time in the future or any other acts by or through United Pipe including but raot limited <br />to the delivery, nondelivery, sale, or use of goods regardless of whether such damage(s} arise out of contract, <br />warranty, negligence, strict liability, or tort. The purchaser{s) right, now existing or arisin~ any time in the _' ~ <br />future, to recover such damages is hereby waived, released and d.ischarged. No obligation of Uniteci Pipe ;.,; ;; <br />~concerning~or relating to the goods shall be deemed a performance specification of any kind. The sule-and~`~' <br />exclusive remetiy shall be replacement or refund of payment at United Pipe's nption. <br />Disclaimer of Warranties: Any warranties made by the manufacturer of the products sold by United Pipe,: are ~ <br />those of the manufacturer only. United Pipe disclaims any and all warranties including those of inerchantability <br />or fitness for a particular purpose (express and implied} either cancerning or relating to a~ny and a!1 goads <br />provided or to be provided at any time in the future or concerning or relating to any other acts by or through; ,, <br />United Pipe. <br />Suggestions for consideration: Any suggested maintenance and installation instructions are suggestions for <br />consideration and United Pipe makes no representations or warranties concerning their use. Any of the~,-' _~ <br />instructions may not be suitable in some areas because of local trade practices, weather c.onditions or <br />construction or landscape methods. Therefore, instructions should be used only with the in~iependent approval <br />of technically qualified persons. ~. . : <br />If any term of this agreement is invalid, the invalid language shall be considered deleted from this agreement <br />and shall not invalidate the remaining language. <br />Aibany <br />(541)924-9855 <br />: Boise <br />(208) 947~ 8300 <br />: Coos Bay . <br />; (541 } 266=0195 <br />Grants~ Pass <br />(541)476-2860 <br />Klamath Falls <br />(541)880-0587 <br />Missoula ' , <br />(406}541-7473 <br />Redmond, OR <br />(541)749-4620 _,. <br />Spokane <br />(509)483-4552 <br />Twin Fal/s <br />(208)733-7450 <br />Auburn Bend Bend Soufh . <br />(253) 333-0458 (541) 382-9311 (541) 31`8-6938 <br />Bozernan __ Clackamas_ _.-_ -- - Goeur__D~i/ene_ _ <br />(406} 586-1385 (503) 788-8813 (208) 772-4008 <br />Credit Office Driggs Eugene <br />(503)772-6051 (208)354-6696 (541)688-6511 <br />Hillsboro /daho Falls Ka/ispetd <br />(503)533-5144 (20$) 528-7473 (406)257-6260 <br />Lynnwood Marysville Medford <br />(425) 745-5700 (360) 653-1671 (541) 779-6721 <br />Nampa Olympia Pocatel/o <br />(208)318-0299 (360)786-8382 (2Q8)232-&6Q0 <br />Redmond, WA Roseburg Salem <br />(425) 882-0244 (541) 679-7549 (503) 588-1250 <br />Tacoma Tigard Tri-Cities <br />(253)272-8445 (503) 639-7473 (509)544-9560 <br />Vancouver Wenatchee Yakima <br />(360) 253-3582 (509) 662-7128 (509) 24&9046 <br />(Back Rev. 5/DS) <br />