Countryside USA-Countryside Farms, Inc.

TERMS AND CONDITIONS OF SALE

Countryside® Farms offers you multiple payment options.  Make payment using MasterCard® or Visa® credit card, PayPal®, check or postal money order. 

Open Account Credit Financing is available and easy for qualified wholesale purchases of $1,000 and greater.  To apply, just request our simple credit application form.  Net 30 Day credit approval may take several weeks, depending upon the response time from your bank and business credit references.  If your order is less than $1,000, please use credit card, check or postal money order to expedite your order.  All Countryside® products are available without minimum order requirement.

The following terms and conditions of sale govern all Countryside® purchases regardless of payment option:

1.  BINDING AGREEMENT:  The terms and conditions of the Countryside® sales agreement govern and supersede the terms and conditions of any purchase order terms submitted to Countryside®.  By placing an order or accepting initial delivery of Countryside® merchandise, the purchaser agrees to the following terms and conditions, which govern and supersede all prior communications between the parties.  Any term or condition of sale not addressed herein shall be binding on Countryside® only to the extent such terms and conditions appear on the front of a customer purchase order for Countryside® merchandise and are consistent with the following:

2.  OPEN ACCOUNT PAYMENT TERMS – NET 30: The invoice date begins your credit terms and payment is due in full and must be postmarked within 30 days from the invoice date.  Payments postmarked after 30 days, but within 60 days from invoice date must include as a late payment surcharge an additional 3.75% of the original invoice amount.  For payments postmarked after 60 days from invoice date, the late payment surcharge is calculated at 7.5% of the original invoice amount.  Payments not postmarked within 90 days from the invoice date will be deemed in default, and may be referred for collection or legal action.  Countryside® can accept late or partial payments, as well as payments that reflect “paid-in-full” or other restrictive endorsements without losing any rights under the terms and condition the Countryside® open account credit sales agreement.  A partial payment is not considered a request for invoice adjustment. Purchaser agrees to pay all costs incurred by Countryside® in securing full payment for any purchase order, including reasonable attorney fees.  Dishonored checks or payments returned for insufficient funds will be subject to a $75.00 service charge, unless otherwise provided by applicable law.

3.  CLAIMS, SET-OFFS:  Claims for damage or parcel shortage must be filed with the delivering carrier within 5 days after receipt of merchandise.  On damaged goods, please keep original cartons and packing material for carrier inspection.  Claims for non-conforming goods, product shortage or incorrect invoice amounts or any other invoice error must be made in writing to Countryside® within 10 days after receipt of invoice.  All other claims are waived by the purchaser.  To report a damage claim, please contact Countryside® at 814-587-6331.  The purchaser waives any right it may have to set-off or hold-back amounts paid or due hereunder against any other amount at any time paid or due to Countryside® or in dispute, and agrees not to make such set-off or hold-back.

4.  FREIGHT CHARGES:  Freight charges are not included in the agreed upon purchase price and shall be paid by the purchaser, unless discount or other allowance is otherwise stated on the front of the Countryside® invoice.  The S & P fee is added to carrier charges.

5.  RETURNS AND ALLOWANCES:  All sales are final.  However, Countryside® may accept returns which have been authorized in writing.  Countryside® may grant or refuse authorizations for any return in its sole discretion.  Returns may be subject to restocking fees.  Allowances will not be made for un-saleable or for unsold merchandise.  Shipping charges or return freight costs are non-refundable on merchandise not due to our error.

6. REORDERS:  Countryside® may refuse to ship additional merchandise to any purchaser with past due payments outstanding.

7. ARBITRATION:  Any controversy or claim arising out of late payment or non-payment for merchandise, without regard to the amount claimed or in controversy, may at the option of either party be settled by final and binding arbitration in accordance with the expedited procedures then in effect of the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon award rendered by the arbitrator(s) may be entered in any court having jurisdiction of the controversy or claim.  Purchaser agrees to arbitration venue held in Palm Beach County, Florida.  In any such arbitration proceeding, the most prevailing party shall be entitled to recover from the other party reasonable sums as attorney fees, costs and expenses.

8.  TAXES:  Any sales, use, excise, duties or other taxes imposed upon the sale of merchandise and not included in the invoice price shall be paid by the purchaser.

9. PRIVACY POLICY:  Countryside® does not sell customer information to third-parties.  We collect and share information only to be used to market products and deliver services.  Furthermore, we continue to review our policies and practices aimed at maintaining the security and confidentiality of customer personal information.

10. WARRANTY:  Countryside® warrants that merchandise will be of good quality, material and workmanship, merchantable and free of defects.  We certify that all applicable provisions of federal, state and local laws have been fully complied with in and that all weights and measures are true and correct and that all merchandise conforms and complies with the applicable provisions of the Fair Labor Standards Act, Consumer Products Safety Act, Federal Food, Drug and Cosmetic Act and all applicable laws of the United States of America.

11. PRODUCT LIABILITY & INSURANCE COVERAGE: Product Liability Insurance coverage is furnished on all Countryside® products without additional cost to the purchaser.  Countryside® shall not be liable for prospective profits or special, indirect, or consequential damages, nor shall recovery of any kind against Countryside® be greater than the purchase price of the specific material sold and causing the alleged loss or damage.

12. MODIFICATIONS AND PRICES:  No modification, limitation, waiver or discharge of the proceeding terms and conditions shall bind Countryside® unless made in writing and signed by an officer of the corporation.  No independent sales agent or distributor has any authority to bind Countryside®.  Prices are subject to change without notice.

Rev. 01-05-2009

      Countryside USA | Countryside Farms, Inc. | Conneautville, Pennsylvania  16406-0038 USA