Terms & Conditions
Addison Foods Terms & Conditions For All Sales in the United States, Canada and Mexico
1. Upon delivery of goods, Customer will provide immediate telephone notification to Addison Foods of any and all alleged nonconformity, including any off-condition product, shortage, or any other discrepancy or situation which impairs the value of the goods or justifies payment of less than the amount billed. This notification will be made to the Addison Foods Claims Department at 972-381-7200. If such telephonic notice is not so made within twenty-four hours, the Customer shall be deemed to have accepted the goods as conforming in all ways to the contract of sale and will submit to Addison Foods full payment thereof on or before the agreed upon payment due date.
2. Within seven days after such telephone notification, Customer will send a detailed written confirmation thereof and will attach all documents relevant thereto. All such correspondence and documents should be addressed to: Claims Department, Addison Foods, Inc. 16415 Addison Rd. Ste 135, Addison, TX 75001.
3. Any payments for less that the billed amount must be authorized by the Addison Foods Claims Department in advance by assignment of a claim number. The assignment of a claim number or acceptance by Addison Foods of a partial payment from customer shall not constitute final approval of Customer’s claim or be deemed a waiver of any of Customer’s obligations or Addison Foods’ rights.
4. All remittances should be submitted according to invoice terms. Past due accounts shall accrue interest at the rate of 1.5% per month on the unpaid amount until fully paid.
5. The Customer’s purchase order number set forth above is utilized solely for the Customer’s convenience and internal business records. The use of this purchase order number does not indicate any acceptance by Addison Foods of the terms or conditions in the Customer’s purchase order form (which terms and conditions are specifically rejected) and is in no way indicative of the actual sales agreement made between Addison Foods, Inc. and Customer.
6. Force Majure. Addison Foods, Inc. reserves the right to delay delivery or acceptance occasioned by causes beyond its control, such as government action or failure of the government to act where such action is required, strike or other labor dispute, fire, act of God or unusually severe weather. Addison Foods shall hold the goods or reschedule the services and deliver the goods or perform the services when the cause of the delay has been removed. Addison Foods shall not be responsible for Customers additional cost or damages if Addison Foods’ decision to hold the goods or reschedule the service being performed pursuant to this Paragraph 6 damages Customer in any way.
7. This Sales Agreement shall be governed by the internal laws of the State of Texas, without regard to and without giving effect to any choice of law provisions of any other state or country. Exclusive jurisdiction and venue of any dispute concerning this agreement shall be in the State or Federal courts sitting in Dallas County, TX.