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SERVICE
4.5 TERMS AND CONDITIONS
CONTRACT FORMATION. All requests for goods and/or services by METER Group, Inc. USA
(METER) are subject to the customer’s acceptance of these Terms and Conditions. The
Buyer will be deemed to have irrevocably accepted these Terms and Conditions of Sale
upon the first to occur of the Buyer’s issuance of a purchase order or request for goods or
services. Unless expressly assented to in writing by METER, terms and conditions different
are expressly rejected. No course of dealing between the parties hereto shall be deemed to
affect or to modify, amend, or discharge any provisions of this agreement.
PRICES AND PAYMENT. Invoice prices will be based upon METER prices as quoted or at
METER list price in effect at the time an order is received by the Seller. Prices do not include
any state or federal taxes, duties, fees, or charges now or hereafter enacted applicable to the
goods or to this transaction, all of which are the responsibility of the Buyer. Unless otherwise
specified on the invoice, all accounts are due and payable 30 days from the date of invoice.
Unpaid accounts extending beyond 30 days will be subject to a service charge of 2% per
month (24% per annum). Should Seller initiate any legal action or proceeding to collect on
any unpaid invoice, Seller shall be entitled to recover from Buyer all costs and expenses
incurred in connection therewith, including court costs and reasonable attorney’s fees.
RISK OF LOSS AND DELIVERY TITLE. Liability for loss or damage passes to the Buyer when
the Seller delivers the goods on the Seller’s dock or to the transporting agent, whichever
occurs first. The Seller has the right to deliver the goods in installments. Shipping and
delivery dates communicated by the Seller to the Buyer are approximate only.
SHIPMENT. In the absence of specific shipping instructions, the Seller, if and as requested
by the Buyer, will ship the goods by the method the Seller deems most advantageous. Where
the Seller ships the goods, the Buyer will pay all transportation charges that are payable on
delivery or, if transportation charges are prepaid by the Seller, the Buyer will reimburse the
Seller upon receipt of an invoice from the Seller. The Buyer is obligated to obtain insurance
against damage to the goods being shipped. Unless otherwise specified, the goods will be
shipped in the standard Seller commercial packaging. When special packing is required or, in
the opinion of the Seller, required under the circumstances, the cost of the special packaging
shall be the responsibility of the Buyer.
INSPECTION AND ACCEPTANCE. Goods will be conclusively deemed accepted by the Buyer
unless a written notice setting out reasonable particulars of the rejected goods and the
reason for the rejection is sent by the Buyer to the Seller within 10 days of delivery of
the goods. The Buyer will place rejected goods in safe storage at a reasonably accessible
location for inspection by the Seller.
CUSTOM GOODS. There is no refund or return for custom or nonstandard goods.
