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TERMS AND CONDITIONS OF SALE #BS0904ECO
Section 1. PAYMENT TERMS: Unless otherwise stated in writing in the proposal to which these terms relate (the “Proposal”), Customer shall pay the amounts due for the project according to the following schedule: (a) 100% of the Mobilization Charge is due no later than 10 business days prior to the Project Start Date; 100% of the Advance Crumb Rubber Charge is due no later than 10 business days prior to the Start Date. (b) ECOPATH shall furnish to the Customer invoices for services performed and goods sold on a monthly basis, or upon completion of ECOPATH’s services, whichever occurs first. Nothing in this section, however, shall preclude the billing and collection after completion of ECOPATH’s services of any amounts due by Customer, including charges incurred before or after the presentation of the final bill. All payments are due 15 calendar days after presentation to Customer. All payments made are non-refundable. Payments not made when due shall bear interest at the rate of 1.5% per month or the highest rate permitted by law, whichever is lower. (c) All backcharges must be pre-approved in advance by ECOPATH in writing. Backcharges may not be submitted to ECOPATH any later than one (1) weeks from completion of ECOPATH’s services, and any backcharges submitted after this date shall be null and void and of no effect. (d) Cancellation and Liquidated Damages: If Project is cancelled 21 business days in advance of Start Date, Customer shall pay ECOPATH liquidate damages in the amount of 10% of the quoted blending services in this contract. The clause herein is intended to compensate ECOPATH for the anticipated harm caused by Customer’s cancellation. It is not intended as punishment for said cancellation. The parties agree that the amount of liquidated damages are a reasonable estimate of the damages ECOPATH will incur due to the cancellation, and this harm may include, but is not limited, to the following: lost profit, damages and costs for delay/cancellation, manpower and administrative costs incurred, damage to goodwill and lost opportunities.
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Last Updated ( Saturday, 09 April 2011 01:49 )
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