New Customer Application

TERMS AND CONDITIONS

Specifications and Instructions

Specifications and instructions on the face hereof are in accordance with directions of Purchase and full responsibility for their correctness is assumed by Purchase.

Payment Terms

If Purchaser fails to make payment in accordance with the terms of this Agreement or fails to comply with any provision hereof, Amplex may, at its option, in addition to any other remedies, cancel any undelivered portion of this order. Purchaser remains liable for all unpaid accounts. If payment is not made in accordance with this Agreement, the account is considered delinquent, and a 1½% per month service charge will be applied to the unpaid balance. Purchaser agrees to pay all collection costs and expenses, including reasonable attorney fees incurred by Amplex in collecting or attempting to collect such account.

Delivery Liability

Amplex is not liable for any delay or failure in shipment or delivery of material caused by factors beyond its control, including fire, windstorm, flood, labor difficulty, material shortage, or transportation issues.

Conflict in Terms

In case of a conflict between printed and written/typed provisions, the written or typed provisions take precedence.

Entire Agreement

No terms, conditions, understandings, or agreements outside of what is stated here (and any authorized written amendments) are binding. All prior negotiations or proposals are considered merged herein.

Warranty Disclaimer

• Amplex warrants that materials conform to the description and specifications, if stated on the face hereof.
• All other warranties are excluded, whether expressed or implied, including warranties of merchantability or fitness for a particular purpose.
• Amplex is not liable for consequential or incidental damages related to the sale, handling, or use of the materials.

Acceptance of Goods

Taking possession of the material indicates Purchaser has examined and accepted it in good order and condition.

Shipping & Compliance

• All risk and duty for complying with non-Florida agricultural import/export laws rests with the Purchaser.
• Invoice price is F.O.B. place of shipment.
• Shipments made by chosen carrier (if indicated), otherwise by “Best Way.”
• Risk of loss passes to Purchaser upon carrier acceptance.
• Any damages must be filed with the carrier.

Lien Rights

Amplex holds lien rights under Florida Statute Chapter 713.

Governing Law & Jurisdiction

• The Agreement is governed by Florida law.
• All payments are due in Pinellas County, Florida.
• Legal venue is deemed proper in Pinellas County for any actions to enforce this Agreement.