HERD CREATIONS
COMMERCIAL CREDIT TERMS & CONDITIONS
The following Terms and Conditions govern all sales made by Herd Creations ("Seller") to the applicant ("Customer") approved for commercial credit.
1. Credit Approval
Approval of this credit application is at the sole discretion of Herd Creations. Submission of an application does not guarantee approval of credit terms. Herd Creations reserves the right to approve, deny, modify, reduce, suspend, or revoke credit privileges at any time without prior notice.
2. Payment Terms
Approved accounts shall pay all invoices according to the authorized credit terms (NET 15 or NET 30), beginning from the invoice date unless otherwise agreed to in writing.
Payment shall be made in U.S. Dollars by ACH, check, credit card, or any other payment method accepted by Herd Creations.
3. Past Due Accounts
Invoices not paid by the due date may result in:
- Immediate suspension of credit privileges.
- Orders being placed on hold until the account is brought current.
- Future orders requiring payment in advance.
- Revocation of open account terms.
4. Collection Costs
Customer agrees to pay all reasonable costs incurred in collecting any delinquent account, including but not limited to:
- Collection agency fees
- Court costs
- Attorney's fees
- Interest permitted by applicable law
5. Returned Payments
Returned checks, ACH reversals, chargebacks, or declined payments may be subject to applicable processing fees and may result in the loss of credit privileges.
6. Credit Limits
Credit limits are established solely by Herd Creations and may be increased, decreased, or revoked at any time based upon payment history, purchasing activity, creditworthiness, or other factors.
7. Ownership of Goods
All merchandise remains the property of Herd Creations until payment has been received in full.
8. Pricing
Prices are subject to change without notice. Quotations are valid only for the period specified on the quotation.
9. Taxes
Customer agrees to pay all applicable federal, state, and local taxes unless a valid tax exemption certificate has been provided and accepted by Herd Creations.
10. Order Acceptance
All orders are subject to acceptance by Herd Creations. Herd Creations reserves the right to refuse or cancel any order for any reason.
11. Claims & Disputes
Customer shall inspect all products immediately upon receipt.
Claims regarding shortages, defects, damages, or invoice discrepancies must be submitted in writing within ten (10) business days of the invoice date.
Failure to provide written notice within this period constitutes acceptance of the goods and invoice.
12. Custom Products
Because most products manufactured by Herd Creations are custom-made, all custom orders are final once production has begun.
Customer-approved artwork, proofs, quantities, colors, sizes, spelling, and specifications become the responsibility of the Customer upon approval.
13. Print Quality
Minor variations in color, placement, sizing, and production processes are considered commercially acceptable and shall not constitute defects.
14. Force Majeure
Herd Creations shall not be liable for delays or failure to perform resulting from events beyond its reasonable control, including but not limited to natural disasters, labor shortages, equipment failures, transportation delays, governmental actions, supply chain interruptions, or acts of God.
15. Limitation of Liability
Under no circumstances shall Herd Creations be liable for incidental, indirect, special, consequential, or punitive damages, including lost profits or business interruption.
Customer's exclusive remedy shall be limited to the replacement or refund of the purchase price of the affected products, at Herd Creations' sole discretion.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
Venue for any legal action arising from this Agreement shall be in the courts located in Erie County, New York.
17. Entire Agreement
These Credit Terms and Conditions constitute the entire agreement between Herd Creations and the Customer regarding commercial credit and supersede all prior discussions or agreements relating to credit terms.
