ACCOUNT GENERAL TERMS AND CONDITIONS
TITLE/RISK OF LOSS: Title and risk of loss with respect to all product delivered shall pass from Dennis K. Burke, Inc. to the Customer at the time the product passes upon delivery to Customer Tank flange.
QUANTITY/ MEASUREMENT: Quantities billed shall be per the bills of lading or meter tickets provided by DKB Inc. to customer as actual amount delivered to Customer. Unless otherwise specified, all quantities shall be unadjusted for temperature.
PAYMENT: Customer agrees to pay all amounts due, without offset or deduction, via means acceptable to Dennis K. Burke, Inc. and within the terms of payment specified by Dennis K. Burke, Inc. Notice of pricing dispute must be received by Dennis K. Burke, Inc. within seven (7) working days of the date of our invoice. The payment due date and terms of any cash discount will be printed on Dennis K. Burke, Inc.'s invoice. Customer agrees to not take any such discount unless in compliance with discount terms and to not deduct any greater amount than that allowed. Customer agrees to pay a service charge of the lesser of 1.5% per month or the maximum amount allowable under state law on any outstanding past due balance and to pay all attorney's fees, expert's fees, costs and expenses incurred by Dennis K. Burke, Inc. in the enforcement of Customer's obligations or collection of the account and amounts due thereunder.
TAXES: Selling prices are exclusive of all taxes, assessments and fees, now or hereafter imposed by federal, state or local governments. Customer agrees to pay Dennis K. Burke, Inc. promptly upon demand the full amount of any such taxes or surcharges which may be levied against, paid or incurred by Dennis K. Burke, Inc. at any time with respect to the delivery or sale of the product.
CREDIT: Customer agrees to immediately inform Dennis K. Burke, Inc.'s Credit department of any financial or other material change in the condition of its business, upon which a credit decision may have been based. Extension of credit, if any, is made at the sole discretion of Dennis K. Burke, Inc. and may be altered or withdrawn at any time without cause or notice. Where required by Dennis K. Burke, Inc., Customer agrees to prepayment or accelerated payment for any delivery which is contemplated or which has been made.
INSURANCE: Customer shall at all times carry and maintain in full force and effect insurance as required by applicable law
CLAIMS: Customer agrees to notify Dennis K. Burke, Inc. promptly after delivery of product of any claim(s) against Dennis K. Burke, Inc. as to shortage in quantity, defect in quality, or any other matter, which notice must be received in writing by Dennis K. Burke, Inc.'s Credit department not later than seven (7) business days following delivery, and to provide full supporting documentation, which must be received by Dennis K. Burke, Inc. within thirty (30) days after delivery, or claim shall be deemed to have been waived. Customer agrees to give Dennis K. Burke, Inc. reasonable opportunity to conduct an investigation of any claim and to not settle any claim by a third party without Dennis K. Burke, Inc.'s approval. Customer agrees that Dennis K. Burke, Inc. shall not be held liable for indirect, incidental or consequential damages and that any indulgence, forbearance, compromise, settlement, extension or variation of terms by Dennis K. Burke, Inc. shall not affect Customer's liability.
GOVERNING LAW/JURISDICTION: Customer agrees that, all actions between the parties shall be brought in the state or federal courts in the Commonwealth of Massachusetts, consents to the jurisdiction thereof and agrees that Massachusetts law shall govern.