Terms & Conditions

1. Interpretation

1. In these conditions:

Buyer - means the person who makes the purchase of the product through Landscape Patio Supply (LPS) or who authorizes the Seller to make a purchase on their behalf.
Product - means the material that is supplied via LPS to the Buyer or authorized purchaser for their purchase.
Seller - means Landscape Patio Supply, a company registered in state of Ohio under number 3807789.
Conditions - means the standard terms and conditions of sale for account customers set out in this document and includes any special conditions agreed in writing between the Buyer and the Seller.
Contract - means the contract for purchase and sale of products.
Writing - includes facsimile transmission and comparable means of communication.

1. The headings of these conditions are for convenience only and shall not affect their interpretation.

2. Basis of the sale

1. The products may be purchased in a number of ways, either directly by the Buyer over the phone with a sales representative, sending in a purchase order via fax to (937) 885-9027, or by the Buyer directing an employee of their company to purchase the products for them while in the store. In all cases the Buyer acknowledges that the sale has occurred.
2. The Buyer agrees that all product sales are governed by the purchase agreement specific to each product. Any orders not placed by purchase order (via phone, employee, etc.) are subject to what LPS invoices them for, any cost discrepancies will be expunged for lack of evidence.
3. The Buyer acknowledges that the Terms and Conditions referred to in clause 2.iii are liable to change and the Terms in place at the time of each product sale determine the Terms applicable to that sale.
4. Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Price of the products

1. The Seller shall sell and the Buyer shall purchase the products at a price which can be set in a number of ways. The Buyer may purchase the products at a price given by the Seller's price list, by the Buyer agreeing a quotation with the Seller, or in line with a price agreement already agreed upon by the Buyer and the Seller.
2. The price is exclusive of any applicable Value Added Tax (VAT) or other tax on sales, which the Buyer shall additionally be liable to pay the Seller.

Terms of payment

1. Subject to any special terms agreed between the Buyer and the Seller in a written document the Seller will invoice the Buyer once the order process is complete.
2. The Buyer shall pay the full price of the products within 30 days of the date of the Buyers purchase. Any alterations to this payment term have to be agreed in writing with the Seller. Receipts for payment will only be issued upon request.
3. The Seller operates a "No Return Policy" the terms of which is available in clause 8 of the Terms and Conditions of Credit Accounts and is summarized on each invoice. The Seller reserves the right to change this policy without notice.
4. Bank charges. The Buyer will pay for the Buyer’s bank charges and not deduct these from any amount owed to the Seller.
5. NSF checks or returned checks. The Buyer will pay a 50 dollar fee for a returned check on the first occurrence. After the Seller has the right to refuse all future checks, forcing the buyer to use another form of payment. Second returned check, Buyer will pay 100 dollar fee, and can be reported to Credit Mediators Inc. for future account endeavors.
6. If the Buyer fails to make payment on the due date then, without prejudice to any other remedy available to the Seller, the Seller will:
  1. Cancel the Contract or suspend further services for the Buyer until account has been brought to current.
  2. Charge interest on overdue invoices of total balance due compounded monthly and reasonable recovery costs. The Seller understands and will exercise our statutory right to claim interest and compensation for debt recovery costs under late payment legislation if we are not paid according to agreed terms.
    1. For account holders in OH: Interest will be charged at the late payment reference rate of 3% compounded monthly starting on day 31.
    2. For account holders in any other state: Interest will be charged at the LPS base rate of 7%compounded monthly starting on day 31.

Credit Account Terms

1. The Buyer agrees that the Seller has the right to set Credit Limits on the account as they see fit and to withhold further credit at the Seller’s discretion.
2. The Seller has the right at all times to terminate the Credit account and not to allow any future purchases and request that the Buyer.

Insolvency

1. This clause applies if:
  1. The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject of an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
  2. An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
  3. The Buyer ceases, or threatens to cease, to carry on business; or
  4. The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
2. If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries of products to the Buyer without liability to the Buyer, and if the products have been delivered but not paid for then the price for them shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

General

Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or other such address as may at the time be relevant having been notified pursuant to this provision to the party giving notice.
The Seller’s Conditions of Sale will apply exclusively to all dealings between the Seller and the Buyer.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected.
The Contract shall be governed by the laws of Ohio and the Buyer agrees to submit to the non-exclusive jurisdiction of the Ohio courts.

Return Policy

The Buyer understands by establishing credit they are taking on the responsibility of a dealer for LPS and returns are not accepted. Policy is also summarized on each invoice.

Collections

This clause applies if:
1. The Buyer has refused to reconcile the debt, and has ignored both delinquency letters sent via mail to the address giving for the account.
2. The Buyer has made no attempt to communicate with the Seller concerning the debt.
If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to forward the balance entirely to Credit Mediators Inc. including a collections fee of 15% of the remaining balance on top of all interest incurred.

Finance charges will still accrue monthly and forwarded to Credit Mediators Inc. for any and all collection accounts.

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