Value Added would like to welcome our Valued Partner Program!
Consolidate your business purchases with us!
Our Valued Partner Program will save you time and money. Your benefits increase as the amount and type of your purchases increase with us.
Some Of The Benefits You'll Receive:
• Personal, Professional Service Team
• Free Delivery on everyday office consumable orders over $75
• Special Pricing Plans
• Exclusive Product Offerings
• Discounts and Unique Product Offerings
• Use of our Streamlined Ordering Systems
Value Added Business Services, Co.
AGREEMENT - TERMS AND CONDITIONS
1. Parties. Both Value Added Business Services, Co. (VABS) and Buyer are entering into this agreement for purposes of a commercial transaction. The nature of both parties business is such that orders are placed, inventory is delivered and invoices are received, as required by the parties. In order to ensure the parties perform as agreed, the below set forth terms and condition have been agreed to.
2. Intent. VABS agrees to furnish those goods identified in any Purchase Order or similar request, (“Order”) and Buyer agrees to purchase such identified goods.
3. Credit. Application for credit may be made by Buyer, and accepted by VABS on terms and conditions agreeable to VABS. If credit is granted, such credit and payments due under any Order shall be treated as amounts due and owing, and subject to the terms and conditions of such Order. If credit is granted, VABS shall maintain the right at its sole discretion, to deny credit or change Buyer’s credit limit or terms. If at any time credit is denied or withdrawn, or if the credit limit has been reached, Buyer and VABS agree to terms of cash in advance, or C.O.D. as required by VABS.
4. Acceptance. By acceptance of these terms and conditions, evidenced by Buyer’s signature VABS agrees to deliver the goods identified in any Order. Upon receipt and in the absence of rejection (defined below) Buyer agrees to pay VABS, upon demand. Demand shall be defined as Buyer’s receipt of VABS’ Invoice. In any event, the making of final payment by Buyer to VABS shall constitute full acceptance of the goods as complying with the terms and specifications of an Order, and shall constitute a waiver of any and all claims against VABS , including without limitation, all claims for damages, errors, or shortage not filed within that time are hereby waived.
5. Rejection. For purposes of Buyer’s performance, rejection of goods shall occur as follows: Buyer shall have 24 hours after receipt of goods to inspect and accept. If any delivered goods are defective and Buyer chooses to reject said goods by notifying VABS, then upon notification, VABS shall deliver a Return Material Authorization (“RMA”), which must be utilized by Buyer to return the defective goods.
6. Breach - Buyer. In the event of any breach by Buyer, including but not limited to non-payment (defined as failure to make any payment for a period of greater than thirty days after VABS’ invoice date), for any reason whatsoever, VABS shall have those remedies set out in these Terms and Conditions and the Universal Commercial Code, such remedies include but are not limited to:
(i VABS canceling all orders and deliveries, withholding delivery of goods, or stopping delivery of goods in transit,
(ii VABS reselling goods in possession in order to recover all damage amounts including attorney fees and costs,
(iii VABS bringing suit for damages under breach of contract, including recovery of attorney fees and costs and damages for non-acceptance and lost value, and all costs and expenses incurred to that date, including, but not limited to, the cost of the units ordered, freight charges, the time spent and any commissions paid, plus VABS ’s anticipated gross profit,
(iv VABS , recovering the goods furnished, and/or retain any payments received as liquidated damages, in addition to any other remedy at law or equity to recover the full amount of the purchase price,
(v VABS recovering interest at the rate of 18 percent per annum interest on the full amount of the purchase price from the date of default.
(vi In the event of default, VABS may assign your account to a collection agency for collection. In that event, any collection agency fees up to 45% of the combined total of principal, interest and late fees will be added to your account, and you will owe those fees in addition to the other amounts due.
7. Breach - VABS. In the event of any breach by VABS, Buyer's damages shall be limited to the total price listed on the Invoice. In no event shall VABS be liable for any consequential or incidental damages. VABS shall not be responsible for errors, delays, failures, or omissions, under any Order due to any cause beyond its control, including but not limited to, labor, acts of god, disorders, hostilities, or confiscation of the goods by any authority, failure of and delays of carriers, perils of the sea and the like. VABS shall not be responsible for any consequential or incidental damages incurred by Buyer as the result of any type of error or delay.
8. Possession. It is specifically understood and agreed that all goods furnished under any Order shall remain the property of VABS, until all payments required to be made have been made in full. Time is of the essence.
9. No warranties. VABS makes no express warranties herein. Any implied warranty of merchantability of fitness or fitness for a particular purpose and all other express or implied warranties are specifically disclaimed and excluded.
10. Delivery. Once VABS has delivered the goods identified in any Order, the parties agree VABS shall not assume any liability or responsibility for the performance of such goods, or the quality of goods. Buyer does hereby release, discharge, indemnify and hold harmless VABS from any and all liability for loss or damages arising out of or in connection with use, sale, re-sale, or rental of goods.
11. Waiver. No act, omission or delay by VABS in enforcing any right under any Order shall waive any right under or breach of said Order by the Buyer. VABS' waiver of Buyer’s breach of any provision of an Order shall not operate or be construed as a waiver of any subsequent breach by Buyer. All Orders are non-assignable by Buyer.
12. Jurisdiction, Entire Agreement and Interpretation. For any controversy or claim arising out of, or relating to any Order, or its breach, all parties shall submit and not object to jurisdiction and venue in Franklin County Court, State of Ohio. Should it be necessary for either party to initiate legal proceedings to enforce the terms of any Order, the party substantially prevailing party shall be entitled to all reasonable attorneys' fees and costs (including the fees and expenses of expert and fact witnesses) incurred or made by the substantially prevailing parties in preparing for suit, during suit, on appeal, on petition for review, and in enforcing any judgment or award, from the party or parties who do not substantially prevail. Any Order shall be interpreted and enforced in accordance with the laws of the State of Ohio. If there is a determination by a court of competent jurisdiction that one or more of any clauses are found to unenforceable, illegal, or contrary to public policy, all other clauses will remain in full force and effect except for the clauses found to be unenforceable. The Terms and Conditions and any Order contain the entire understanding of the parties hereto with respect to the subject matter hereof and the transactions contemplated hereby. Such agreement supersedes all prior and concurrent oral statements and representations. No Order may be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought.