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Sales Agreement Form Free - Excel


Sales Agreement Form Free document sample

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									                                                       2010 CUSTOMER ACCOUNT SETUP FORM

              New Customer Setup                New Branch Setup                   Change         Reason for Change

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
NAME                                                                                                     TITLE
NAME                                                                                                     TITLE

                                 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 )
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

                                                                              REFERENCE INFORMATION
BANK                                                                             STREET ADDRESS
CITY, STATE, ZIP                                                                 PHONE + AREA CODE
YOUR ACCOUNT NO                                                                  CONTACT

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

              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).

              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.
   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.

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
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
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).

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