These Terms of Trade apply to the sale of Products to the customer (Customer) by Spa Electrics, Inc. (Spa Electrics). Spa Electrics may alter these Terms of Trade from time to time.
All sales of Products by Spa Electrics to the Customer shall be on the following terms:
Orders
Orders may be given by telephone, fax or email and must include the preferred delivery date for the Products and collection or freight arrangements for the Products. All Products shall be shipped CIF, Spa Electrics in Ringgold, Georgia (Facility).
Delivery
Spa Electrics shall ship the Products to the delivery address provided by the Customer, unless the Customer advises Spa Electrics that the Customer will arrange for pickup of the Products at the Spa Electrics Facility. Spa Electrics shall charge the Customer for shipping costs, unless otherwise agreed.
Price
The Customer shall pay Spa Electrics the price of the Products as set out in Spa Electrics’ current (at the date of order) price book for the Customer as in effect at the date of order. Spa Electrics may at its discretion change the Customer’s price book at any time by giving written notice to the Customer.
Payment
Unless Spa Electrics has approved in writing a credit limit for the Customer, and the amount owed by the Customer (including the price of the Products ordered) does not exceed that credit limit, payment for the Products shall be required prior to shipment to the Customer, using credit card.
Spa Electrics shall issue a statement of account to the Customer following the end of each calendar month. Where payment prior to shipment is not required by Spa Electrics, payment shall be due in cleared funds within thirty (30) days of the date of the statement of account, unless otherwise agreed.
If any amount remains unpaid for forty five (45) days from the account statement date, the Customer may be charged interest on at the rate of 9% per annum calculated daily on a compounding basis.
The Customer may be charged expenses incurred by Spa Electrics in relation to bad checks and collection services relating to overdue accounts, including but not limited to debt collection fees and legal costs.
Spa Electrics prefers payments via credit card or bank ACH (in cleared funds) to Spa Electrics’ nominated bank account.
Risk and Title to Products
Title to the Products does not pass to the Customer until Spa Electrics receives full payment of the purchase price for those Products (in cleared funds and without deduction or set off) preferably using credit card or cleared bank funds.
Risk of loss or damage to the Products shall pass to the Customer upon shipment of the Products from date of shipment receipt, unless FOB terms are arranged by the Customer whereby risk will pass upon date of shipment.
Any claims for product damage or shortage are to be notified to Spa Electrics immediately upon receipt, or if shipped under FOB terms, with the freight company immediately upon receipt of goods.