2010 CUSTOMER ACCOUNT SETUP FORM NEW ACCOUNTS WILL NOT BE SET UP WITHOUT AN OPENING PURCHASE ORDER. New Customer Setup New Branch Setup Change Reason for Change PLEASE ESTIMATE MONTHLY PURCHASES Monthly Credit Opening Order Opening Estimate: Limit: Amount P.O. #: Legal Name of Firm: Trade Name (dba): Div/Subsidiary Of: In Business Since (Year): Buying/Marketing Group Affiliation: Scroll Down - Pick One Purchasing Contact: Phone: Fax: Email: _________________________________________ If Incorporated, list officers of Corporation. If not, list owners: NAME TITLE HOME ADDRESS NAME TITLE HOME ADDRESS NAME TITLE HOME ADDRESS BILLING ADDRESS SHIPPING ADDRESS Pmt Type: Scroll Down - Pick One EDI Branch Code _________________________________________ Address 1 Address 1 Address 2 Address 2 City: State: City: State: Zip: Country: Scroll Down - Pick One Zip: County: A/P Contact: Country Scroll Down - Pick One Phone: Fax: Phone: Fax: Will ERICO Product be Forwarded ERICO Bill To Cust No: (If known) To Another Country? Yes No TAX STATUS - REQUIRED **If no box is checked or proof of exemption is not attached, account will be noted as Not Exempt** Not Exempt Exempt *Canadian PST, GST, QST, & HST are NOT eligilble for exemption in the following Provinces: BC, NB, NF, NS, ON, & QC. E-Biz Documents (Copies of ERICO Sales Order Acknowledgements, Advance Ship Notices and Invoices) ( If emailing, please provide company email address only ) Invoices (INV): BILLING LOCATION ONLY Contact Name: Phone: Send via: E-Mail Address Standard Mail Fax Number: Sales Order Acknowledgement (SOA): Contact Name: Phone: Send via: E-Mail Address Standard Mail Fax Number: Advance Shipment Notification (ASN): Contact Name: Phone: Send via: E-Mail Address Standard Mail Fax Number: 2010 ERICO CUSTOMER ACCOUNT SETUP FORM - Page 2 PLEASE ATTACH A COPY OF MOST RECENT FINANCIAL STATEMENT INCLUDING INCOME STATEMENT & BALANCE SHEET REFERENCE INFORMATION BANK STREET ADDRESS CITY, STATE, ZIP PHONE + AREA CODE YOUR ACCOUNT NO CONTACT VENDORS COMPANY NAME STREET ADDRESS CITY, STATE, ZIP PHONE + AREA CODE FAX + AREA CODE CONTACT COMPANY NAME STREET ADDRESS CITY, STATE, ZIP PHONE + AREA CODE FAX + AREA CODE CONTACT APPLICANT'S SIGNATURE BELOW ATTESTS APPLICANT'S FINANCIAL RESPONSIBILITY, ABILITY AND WILLINGNESS TO PAY ERICO INVOICES AS PROVIDED BELOW AND AGREEMENT TO THE FOLLOWING: 1. This Customer Account Setup Form is an application by Applicant for credit from ERICO, and all information in this form is warranted by Applicant to be true and accurate. Applicant authorizes ERICO to investigate the information provided to ERICO, including but not limited to the references listed above, and the credit and financial responsibility of Applicant. 2. Applicant shall pay ERICO invoices in accordance with ERICO’s payment terms. 3. ERICO’s willingness to sell products to Applicant is conditioned upon, among other things, Applicant’s acceptance of ERICO’s Terms and Conditions of Sale. Accordingly, Applicant (referred to as “Buyer”) accepts and agrees to ERICO’s Terms and Conditions of Sale as such are attached to this Customer Account Setup Form or are revised (for sales that take place at least 30 days after such revision) and found on ERICO’s website (see link below). http://www.erico.com/public/library/Terms/TermsOfSaleNA.pdf 4. In the event of a dispute regarding the sale of products by ERICO, Applicant consents to the jurisdiction and venue in the state and federal courts in Cuyahoga County, Ohio. Applicant shall pay all costs of collection, attorneys fees, court costs and other expenses if judgment is against the Applicant. NAME: DATE: PRINT/TYPE APPLICANT’S FORMAL LEGAL NAME AUTHORIZED SIGNATURE: TITLE: HAND WRITTEN SIGNATURE ERICO O FFICE USE ONLY Shipment Route*: Ship Via*. Freight Terms*: Carrier*. 00 - No Route (DEFAULT) GRND - Ground (DEFAULT) FE - Freight Eligible (DEFAULT) B/WAY - (DEFAULT) *Methods other than Default must be approved by Transportation *Subject to Order Minimum Rules Bill To Account Number: Ship To Account Number: To Be Completed By RSM or Director of Sales ONLY CUSTOMER TYPE CODE: Scroll Down - Pick One Assigned By: CADDY ELECTRICAL CADDY MECHANICAL ERITECH RSM Name Scroll Down & Pick One RSM Name Scroll Down & Pick One RSM Name Scroll Down & Pick One Agent Scroll Down & Pick One Agent Scroll Down & Pick One Agent Scroll Down & Pick One Discount Discount Scroll Down & Pick One CADWELD Disc Scroll Down & Pick One Scroll Down & Pick One Net Pricelist Scroll Down & Pick One ERITECH Disc Scroll Down & Pick One CRITEC Disc Scroll Down & Pick One ERIFLEX Net Pricelist Scroll Down & Pick One RSM Name Scroll Down & Pick One LENTON Agent RSM Name Scroll Down & Pick One RAIL & INDUSTRIAL Scroll Down & Pick One Discount Agent Scroll Down & Pick One RSM Name Scroll Down & Pick One Scroll Down & Pick One Discount Retail Agent Scroll Down & Pick One Scroll Down & Pick One Revised October 6, 2010 Doc 29 ERICO International Corporation Terms and Conditions of Sale 1. AGREEMENT. These terms and conditions and the provisions on the other side hereof, if any, 9. TELEPHONED OR FAXED INSTRUCTIONS. ERICO accepts no responsibility and Buyer will not constitute the entire agreement between ERICO International Corporation (“ERICO”) and the buyer of hold ERICO responsible for errors or misunderstandings, whether or not due to ERICO’s negligence, ERICO products (“Buyer”). They replace all other statements, representations and agreements, oral or in complying with orders or instructions given to ERICO by telephone or fax. The foregoing also written, made by the parties or their representatives including, without limitation, conflicting or different applies to orders or instructions given to a third party for transmittal to ERICO. provisions of Buyer’s purchase order. No modification or addition to this agreement shall be binding upon ERICO unless specifically set forth in a writing signed by ERICO. 10. DIES, TOOLS, ETC. In the event Buyer is separately charged for dies, tools or gages, Buyer shall not obtain any ownership interest therein or the right to remove them from ERICO's plant unless specifically agreed otherwise in writing. 2. QUOTATIONS. Written quotations by ERICO automatically expire 30 days from date of quotation and 11. TOLERANCES. Unless otherwise agreed in writing, all product dimensions are approximate. are subject to termination by notice from ERICO within that period. ERICO shall have no liability in Consequently, Buyer shall take into account reasonable product tolerances and the standards respect of any oral quotation or under any oral agreement unless such quotation or agreement is customarily employed by ERICO. confirmed in writing by ERICO within 10 days thereafter. Buyer’s purchase order shall upon receipt by ERICO at its home office in Solon, Ohio be deemed an acceptance of ERICO’s quotation or an offer to 12. SPECIAL OR MODIFIED PRODUCTS. Products not catalogued or products catalogued but requiring purchase ERICO's products, but shall be subject to these terms and conditions. Additional or different deviation from standard are subject to applicable pattern, tooling and test charges. terms in Buyer’s order or other communication shall not be binding upon ERICO unless agreed to by ERICO and Buyer in writing. 3. PRICES; ERRORS. Unless otherwise specifically agreed to in writing by ERICO, all prices, whether in 13. MODIFIED OR DISCONTINUED PRODUCTS. ERICO shall have no duty to stock or provide spare or ERICO’s price list, quotation, order acknowledgment or elsewhere, are in U.S. Dollars and are subject replacement parts or products. ERICO may modify or discontinue any product or line of products at to change without notice at any time prior to shipment of the products. Price increases will not, any time without liability except to refund any amounts already paid for any such products that have however, be applied to products covered by an order acknowledgment stipulating a shipment date been ordered but not yet delivered. within 15 days after the effective date of the increase. Prices shown on ERICO’s price list or elsewhere are for information only and do not constitute quotations or offers to sell. All orders, regardless of prices 14. EQUAL EMPLOYMENT OPPORTUNITY. The Equal Employment Opportunity Clause in Section 202 quoted, and whether placed as “blanket”, “approximate” or in specific quantities, will be priced based on of Executive Order No. 11246, as amended, relating to equal employment opportunity and the the quantity actually released in each shipment. ERICO reserves the right to correct errors in implementing rules and regulations of the Office of Federal Contract Compliance are incorporated specifications or prices due to typographical, clerical or engineering errors or because of incomplete or herein by specific reference. inaccurate information from Buyer. Minimum order of $100 net required. Payment is due 30 days from date of invoice, unless otherwise agreed to in writing. 4. WARRANTY; CLAIMS; EXCLUSIVE REMEDY. ERICO products are warranted to be free from 15. TAXES. All duties, sales, use, excise or similar taxes or charges applicable to the sale or use of any defects in material and workmanship at the time of shipment. NO OTHER WARRANTY, WHETHER products or the furnishing of any service shall be Buyer’s responsibility, and Buyer shall indemnify EXPRESSED OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS ERICO against any liability thereunder. FOR A PARTICULAR PURPOSE), SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF ANY ERICO PRODUCTS. Claims for errors, shortages, defects or nonconformities ascertainable upon 16. FORCE MAJEURE. If ERICO is prevented from performing its obligations by force majeure, ERICO inspection must be made in writing within 5 days after Buyer’s receipt of products. All other claims must will have the right to suspend the performance of the agreement or to consider the agreement be made in writing to ERICO within 6 months from the date of shipment or transport. Products claimed terminated in whole or in part, at ERICO's option, without judicial intervention and without ERICO to be nonconforming or defective must, upon ERICO’s prior written approval in accordance with Clause being liable for any claims for damages or guarantees. Force majeure includes any circumstance, 8 below, promptly be returned to ERICO for inspection. Claims not made as provided above and within foreseen as well as unforeseen, as a result of which observance of the contract can no longer the applicable time period will be barred. ERICO shall in no event be responsible if the products have reasonably be expected by Buyer, including but not limited to war, sabotage, rebellion, revolt, not been stored or used in accordance with its specifications and recommended procedures. ERICO transportation disturbances, strikes, accidents, fire, explosion, technical failures and delayed delivery will, at its option, either repair or replace nonconforming or defective products for which it is responsible by suppliers. or return the purchase price to Buyer. THE FOREGOING STATES BUYER'S EXCLUSIVE 17. REMEDY FOR ANY BREACH OF ERICO WARRANTY AND FOR ANY CLAIM, WHETHER ASSIGNMENT. The rights and obligations of Buyer by virtue of these terms and conditions cannot be SOUNDING IN CONTRACT, TORT OR NEGLIGENCE, FOR LOSS OR INJURY CAUSED BY assigned by Buyer otherwise than to the successors and assignees of the entire business of THE SALE OR USE OF ANY PRODUCT. Buyer. Upon written communication to Buyer, ERICO shall have the right to assign and transfer all its obligations and rights under the agreement with Buyer to a third party. 5. LIMITATION OF LIABILITY. ERICO excludes all liability except such liability that is directly attributable 18. SEVERABILITY. If part of this agreement is or becomes invalid or non-binding, ERICO and Buyer to the willful or gross negligence of ERICO's employees. Should ERICO be held liable its liability shall shall remain bound to the remaining part. The invalid or non-binding part shall be replaced by in no event exceed the total purchase price under the contract. ERICO SHALL IN NO EVENT BE provisions that are valid and binding and give effect to the contents and purpose of this agreement to RESPONSIBLE FOR ANY LOSS OF BUSINESS OR PROFITS, DOWNTIME OR DELAY, LABOR, the greatest extent possible. REPAIR OR MATERIAL COSTS OR ANY SIMILAR OR DISSIMILAR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY BUYER. 6. CANCELLATION; DELIVERY; DEFERRED DELIVERY. Orders may be cancelled only upon written 19. GENERAL. This agreement shall be governed by the laws of the State of Ohio without reference to its notice from Buyer received by ERICO at least 30 days prior to shipping date and upon immediate conflict of laws principles. Captions have been inserted solely for convenient reference and shall not payment by Buyer for all completed products at the unit price; for products in process based on of the limit or affect any provision hereof. No waiver by ERICO of any right or remedy on any prior occasion percentage of completion thereof times the unit price; and for raw material, unamortized tooling, shall constitute ERICO’s waiver of any such right or remedy on subsequent similar occasions. engineering and other cancellation charges based on the cost to ERICO plus handling and overhead charges. Orders for less than standard box or package quantities may be increased to standard quantities at ERICO's discretion without further notification. At ERICO's discretion, ERICO may split the order stipulated in Buyer's purchase order in separate orders, which shall then constitute separate agreements. Buyer may defer deliveries only upon Buyer’s written request received by ERICO at least 10 days prior to the originally scheduled shipping date and Buyer’s payment in full of the price of the products on or before that date, plus payment of storage charges thereafter. In no event may Buyer defer delivery for more than 60 days without the express written agreement of ERICO. 7. SHIPPING, LOSS AND DAMAGE. Freight terms for all shipments are FOB point of origin from ERICO’s North American facilities unless otherwise agreed to in writing in advance of shipment date. Buyer acknowledges that delivery dates provided by ERICO are estimates only and that ERICO is not liable for failure to deliver on such dates. ERICO reserves the right to make deliveries in installments. In case deliveries are made in installments, ERICO's payment conditions apply to each part delivered separately. Delay in delivery of one installment shall not entitle Buyer to cancel other installments. Risk of loss or damage to products shall pass to Buyer upon delivery to the first carrier of Buyer’s representative or to a carrier of ERICO's choice. Apparent shortage, visual damage to shipping containers or possible concealed damage conditions must be noted on both consignee’s and carrier’s delivery receipt of record. ERICO shall not be responsible for any such conditions unless it and the carrier's local office are notified of such conditions within 5 days after the date of delivery. 8. RETURNS. Returns will require the prior written approval of ERICO. ERICO will, upon request, furnish Buyer the terms and procedures governing returns. Except for in-warranty returns, returns for less than standard box or package quantities or with a total value of less than $500 will not be accepted. Buyer will be responsible for a minimum restocking charge of 25% of the list price of the returned goods. Rev. 6.23.09 Set Up Check List A. Basic Information Type of Account: New, Branch, or Change ( check box ) Full address for Bill and Ship To location Phone and Fax Numbers Buy group member EDI and Internationally shipping ( check box ) Freight Terms and Routing Attach opening order or note information on form B. Tax and EBIZ Check box if EXEMPT or NON EXEMPT. EXEMPT: Provide copy of Tax Exempt form or Resale Certificate with exempt number. (No ***Per ERICO's Tax Department, W-9's are not an acceptable Exemption Form.*** NON EXEMPT: No information is needed unless shipping to CA, NC, NV, NY, or PA. Provide C *Canadian Customers: The following Provinces are NOT exempt from PST, GST, HST, an C. References and Signature Provide References unless attaching them on a separate page Authorized handwritten signature needed from Customer for any new Billing Location NOTE: Except for ERICO OFFICE USE, send completed forms to Customer Service. Any incomplete fo D. ERICO Office Use Customer type code, agents, and discount codes are assigned and approved by the RSM or Dir Customer Service can obtain a verbal approval from the RSM or Director of Sales. This is to be *** If you cannot locate the information you need on the drop down boxes on this form, contact Kelly Ratliff or Che *C ate with exempt number. (No one is Exempt for GST, HST, or QST) xemption Form.*** NC, NV, NY, or PA. Provide County of ship to address. mpt from PST, GST, HST, and QST: BC, NB, NF, NS, ON, and QC. y new Billing Location tomer Service. Any incomplete forms will be returned. nd approved by the RSM or Director of Sales only- typed or email approval is required. Director of Sales. This is to be noted on the form and cc them on email to Cheryl s form, contact Kelly Ratliff or Cheryl Amato in Information Services (IS).
Pages to are hidden for
"Sales Agreement Form Free - Excel"Please download to view full document