Petoskey Plastics New Customer Packet - Gowns 03-2020

Non-Surgical Isolation Gowns

New Customer

Packet

032020

New Customer Packet Pg. 1 Conditions of Sale *Required Please sign and date.

Pg. 2 Account Set Up Information *Required Please complete.

Pg. 3 Credit Application Form Please complete and sign if applying for credit.

Certificate of Exemption Form Please include a tax exemption certificate form.

If a certificate is not provided, sales tax will be applied on all invoices.

Petoskey Plastics Remittance Information For your records.

Petoskey Plastics W-9 Information For your records.

**Please send all completed information to: Email: info@petoskeyplastics.com Fax: (231) 347-2878 Mail: Attn: Sales Department Petoskey Plastics One Petoskey Street, Petoskey, MI 49770

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STANDARD CONDITIONS OF SALE Applying to Products Sold By Petoskey Plastics (“Seller”)

1. ENTIRE AGREEMENT:

The entire contract consists of these terms including any Packing Slip, Invoice, additional sheets, attachments or specifications prepared by Seller. Any terms in any form used

by Buyer are hereby objected to and are not accepted unless Seller expressly agrees to such terms in writing. Any prior offer by Buyer is accepted with the understanding that the Buyer agrees to the two foregoing sentences. Any representation, affirmation of fact, and course of prior dealings, promise or condition in connection therewith, or usage of the trade not incorporated herein, shall not be binding on either party. No waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and signed by the President of Petoskey Plastics

2. PRICE:

Prices are those in effect at the time an order is accepted by Seller in writing, except that if Buyer specifies shipment beyond thirty (30) days from the date of the order, prices shall be the prices in effect at the time of shipment. A price stated herein may be increased at any time, however, at Seller’s option, to offset any increase in Seller’s current price (e.g., Seller’s raw material cost or other costs of production) or any increase in Seller’s transportation costs for the goods (if sold on a delivered basis) placed into effect between the date hereof and the time of shipment. If the work covered by Buyer’s order is delayed or cancelled by Buyer, payments for the portion of the work completed at the date request for delay or cancellation is received from the Buyer shall be made based on the purchase price and the percentage of completion. In the event that the delay or cancellation extends beyond thirty (30) days from the date of order, shipments shall be billed at those prices in effect at the time of shipment. Custom manufactured orders are subject to an overrun policy of + / - 10%. On custom manufactured stocking orders, Petoskey Plastics, Inc. reserves the right to ship and invoice any product held in excess of 90 days after manufacture.

3. PAYMENT:

All sales are net thirty (30) days, FOB Petoskey, Michigan, unless otherwise agreed in writing by Seller. Each shipment shall be considered a separate and independent transaction, and payment thereof shall be made accordingly. If shipments are delayed by the Buyer, payments shall become due on the date when the Seller is prepared to make shipment.

Products held for the Buyer shall be at the risk and expense of the Buyer. If the financial condition of the buyer at any time does not, in the judgment of the Seller, justify continuance of the work to be performed by the Seller hereunder on the terms of payment originally specified, the Seller may require full or partial payment in advance and, in the event of bankruptcy or insolvency of the buyer, or if the same is threatened, or in the event any proceeding is brought by or against the Buyer under the bankruptcy or insolvency laws, the Seller shall be entitled to cancel any order then outstanding and shall receive reimbursement for cancellation charges.

4. WARRANTY; REMEDY; LIMITATION OF ACTIONS:

Seller warrants that the goods to be delivered hereunder will be of the kind designated or specified on the front of this agreement, subject, however, to industry tolerances, and no other warranty, except of title, shall be implied. The liability of Seller, except as to title, arising out of the supplying of the goods, or its use, whether on warranties, contract, negligence or otherwise, shall not in any case exceed the cost of correcting the defects in the goods as herein provided, or the price of the goods, or part thereof, which gives rise to the claim (whichever is the lesser), and, upon the expiration of the applicable warranty period specified below, all such liability shall terminate. The foregoing shall constitute the sole and exclusive remedy of the buyer and the sole and exclusive liability of the Seller. The Seller shall not be liable, in any event, for loss of profits, incidental or consequential damages, or failure of the products to comply with any federal, state or local laws. THE WARRANTIES STATED IN THIS PARAGRAPH ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXCEPT OF TITLE, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, BUYER ACKNOWLEDGES THAT TOLERANCES CUSTOMARY IN THE TRADE OR INDUSTRY WILL APPLY TO ALL GOODS. Upon delivery of the goods, Buyer shall promptly inspect the goods. If any goods delivered hereunder fail to conform to the specifications or to be of the kind designated prior to the date which is fifteen (15) days from the date of shipment, or prior to the date of use or resale of the goods by the buyer (whichever date sooner occurs), Buyer shall notify Seller immediately in writing. Failure of Buyer to notify Seller in writing of any alleged defects or mistakes within this 15 day warranty period shall be considered acceptance of the goods and a waiver by Buyer of all claims with respect thereto. No legal proceeding based on the sale of goods or on this agreement may be initiated by Buyer more than one (1) year after Seller’s delivery of the goods, or one (1) year after the underlying claim arose, whichever date sooner occurs.

5. DELIVERY; RISK OF LOSS; TITLE:

Unless otherwise specifically provided in writing, Buyer shall pay freight from point of shipment to destination. Seller may deliver the goods in more than one shipment, each such shipment to be considered as a separate contract to be paid for separately. Risk of loss shall pass to Buyer upon delivery to the carrier at point of shipment, and all risk of loss or damage shall be upon the Buyer, Seller having no risk of loss after the goods are delivered to the carrier. Title to the goods, however, shall remain in Seller until payment of the purchase price by Buyer. Where payment is made by check, title to the goods shall remain in Seller until the check is cleared by Seller. Seller shall not be liable for delay in delivery, or failure to manufacture, due to causes beyond its reasonable control, or due to acts of God, acts of the Buyer, acts of civil or military authority, priorities, fire, strikes, floods, delays in transportation, inability due to causes beyond its reasonable control to obtain necessary labor, materials or manufacturing facilities, or due to any other commercial impracticability. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.

6. CANCELLATIONS:

No order may be cancelled unless the Buyer’s written request for cancellation is accepted in writing by the Seller prior to shipment. Within thirty (30) days of cancellation, the Buyer shall pay to the Seller the Seller’s cancellation charges, which shall include, but not be limited to, all reasonable costs and expenses incurred by the Seller prior to receipt of the Buyer’s request for cancellation.

7. CHARGES:

In the event full payment is not received in accordance with the terms hereof, a finance charge will be assessed at one and one-half (1.5%) PER MONTH on the past due unpaid balance (which is an annual percentage of eighteen (18.0%) percent) or the highest rate permissible under applicable law, until all amounts are paid in full. In addition, Buyer shall also be liable for all collection charges, costs and reasonable attorney fees incurred by Seller, including all appellate fees and any fees in any bankruptcy proceeding.

8. APPLICABLE LAW:

This agreement, and any dispute between the parties, shall be construed and governed according to the laws of the State of Michigan. Any claim or controversy relating to this agreement or the sale of goods shall take place in Emmet County, State of Michigan.

9. GENERAL:

This agreement shall be construed between merchants. ANY RECOMMENDATIONS MADE BY THE SELLER CONCERNING USES OF OR APPLICATIONS OF THE GOODS SOLD HEREUNDER ARE BELIEVED RELIABLE, BUT THE SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED OF RESULTS TO BE OBTAINED. THE BUYER ASSUMES ALL LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE HANDLING OR USE OF THE GOODS. The Buyer’s assignment of this order, or of any interest herein or of any rights hereunder, without the written consent of the President of the Seller shall be void. If any provision of this agreement is held invalid, the remaining provisions shall remain in full force and effect. The failure of Seller to enforce at any time or for any period of time, any of the provisions of this agreement shall not be construed to be a waiver of such provision of the right of Seller thereafter to enforce each and every provision.

X_______________________________________ Signature

___________________________________________________________ _________________________ Print Name & Title Date

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Certificate of Exemption

Streamlined Sales and Use Tax Agreement

This is a multi-state form. Not all states allow all exemptions listed on this form. Purchasers are responsible for knowing if they qualify to claim exemption from tax in the state that would otherwise be due tax on this sale. The seller may be required to provide this exemption certificate (or the data elements required on the form) to a state that would otherwise be due tax on this sale.

The purchaser will be held liable for any tax and interest, and possibly civil and criminal penalties imposed by the member state, if the purchaser is not eligible to claim this exemption. A seller may not accept a certificate of exemption for an entity-based exemption on a sale made at a location operated by the seller within the designated state if the state does not allow such an entity-based exemption.

1.

Check if you are attaching the Multi-state Supplemental form.

If not, enter the two-letter postal abbreviation for the state under whose laws you are claiming exemption.

2.

3.

Check if this certificate is for a single purchase and enter the related invoice/purchase order #________________________________.

Please print___________________________________________________________________________________________ Name of purchaser __________________________________________________________________________________________________________________ Business Address City State Zip Code Purchaser’s Tax ID Number State of Issue Country of Issue __________________________________________________________________________________________________________________ If no Tax ID Number | FEIN | Driver’s License Number/State Issued ID Number | Foreign diplomat number Enter one of the following: | | | ______________________|__________________ |_State of Issue: Number____________________________|_____________________ Name of seller from whom you are purchasing, leasing or renting Petoskey Plastics, Inc. _________________________________________________________________________________________ Seller’s address City State Zip code 49770 One Petoskey Street _________________________________________________________________________________________

4.

Type of business. Circle the number that describes your business

01 02 03 04 05 06 07 08 09 10

5.

11 12 13 14 15 16 17 18 19 20

Transportation and warehousing Utilities Wholesale trade Business services Professional services Education and health-care services Nonprofit organization Government Not a business Other (explain)__________________________

Reason for exemption. Circle the letter that identifies the reason for the exemption.

A B C D E F G

6.

Accommodation and food services Agricultural, forestry, fishing, hunting Construction Finance and insurance Information, publishing and communications Manufacturing Mining Real estate Rental and leasing Retail trade

Federal government (department)_________________ State or local government (name)_________________ Tribal government (name)_______________________ Foreign diplomat # ____________________________ Charitable organization #________________________ Religious or educational organization #_____________ Resale #_____________________________________

H I J K L

Agricultural production #_____________________ Industrial production/manufacturing #___________ Direct pay permit #__________________________ Direct mail #_______________________________ Other (explain)______________________________

Sign here. I declare that the information on this certificate is correct and complete to the best of my knowledge and belief.

Signature of Authorized Purchaser Print Name Here Title Date __________________________________________________________________________________________________________________

SSTGB Form F0003 Exemption Certificate

(8/27/09)

5

Streamlined Sales and Use Tax Agreement

Certificate of Exemption Multi-state Supplemental

Name of Purchaser

STATE

Reason for Exemption

Identification Number (If Required)

AR IA IN KS KY MI MN NC ND NE NJ NV OH OK RI SD TN UT VT WA WI WV WY SSUTA Direct Mail provisions are not in effect for Tennessee.

The following nonmember states will accept this certificate for exemption claims that are valid in their respective state. SSUTA Direct Mail provisions do not apply in these states.

XX XX XX XX XX XX XX XX XX XX XX XX XX XX

SSTGB Form F0003

Exemption Certificate

(8/27/09)

6

Streamlined Sales and Use Tax Agreement

Certificate of Exemption Instructions Use this form to claim exemption from sales tax on purchases of otherwise taxable items. The purchaser must complete all fields on the exemption certificate and provide the fully completed certificate to the seller in order to claim exemption.

Warning to purchaser: You are responsible for ensuring that you are eligible for the exemption you are claiming.

You will be held liable for any tax and interest, and possibly penalties imposed by the member state due the tax on your purchase, if the purchase is not legally exempt.

Purchaser instructions for completing the exemption certificate 1. Some purchasers may wish to complete a single certificate for multiple states where they conduct business and, regularly, make exempt purchases from the same seller. If you do, check the box on the front of the SSUTA Certificate of Exemption to indicate that you are attaching the Multistate Supplemental form on page 2.

CAUTION: Certificates completed with a multistate supplement may include non-member states of the SST Governing Board, provided those states have agreed to accept the SSUTA Certificate of Exemption. Both sellers and purchasers MUST BE AWARE that these additional non-member states may not have adopted the SSUTA provisions for Direct Mail. Additionally, completion of this certificate in its entirety may not fully relieve the seller from liability unless non-member states’ requirements have been met.

If you are not attaching the Multistate Supplemental form, enter the two-letter postal abbreviation “NC” in the boxes provided if you are claiming an exemption from sales and use tax imposed by the State of North Carolina. If you are claiming an exemption from more than one member state, complete the SSUTA Certificate of Exemption: Multistate Supplemental form.

2. Single purchase exemption certificate: Check this box if this exemption certificate is being used for a single purchase. Include the invoice or purchase order number for the transaction.

If this boxed is not checked, this certificate will be treated as a blanket certificate. A blanket certificate continues in force so long as the purchaser is making recurring purchases (at least one purchase within a period of twelve consecutive months) or until otherwise cancelled by the purchaser.

3. Purchaser information: Complete the purchaser and seller information section, as requested. An identification number for you or your business must be included. Include your North Carolina sales and use tax account ID number or North Carolina sales and use tax exemption number, as appropriate. If a transaction does not require the use of a registration or exemption number, enter the Federal Employer Identification Number (FEIN) issued to your business, or if no FEIN is required, enter your personal driver’s license number and the state that it is issued by. Foreign diplomats and consular personnel must enter the individual tax identification number shown on the sales tax exemption card issued to you by the United States Department of State’s Office of Foreign Missions.

Multistate Purchasers: The purchaser should enter its headquarters address as its business address.

4. Type of business: Circle the number that best describes your business or organization. If none of the categories apply, circle number 20 and provide a brief description.

5. Reason for exemption: Circle the exemption that applies to your business and enter the additional information requested for that exemption. If the member state that is due tax on your purchase does not require the additional information requested for the exemption reason code circled, enter “NA” for not applicable on the appropriate line. If an exemption that is not listed applies, circle “L Other” and enter an explanation.

The explanation for “L Other” must include a clear and concise explanation of the reason for the exemption claimed.

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Streamlined Sales and Use Tax Agreement

Certificate of Exemption Instructions - Continued Multistate Purchasers: Attach the SSUTA Certificate of Exemption: Multistate Supplemental form and indicate the applicable reason for exemption and identification number (if required) for each of the additional states in which the purchaser wishes to claim exemption from tax.

CAUTION: The exemptions listed are general exemptions most commonly allowed by member states. However, each state’s laws governing exemptions are different. Not all of the reasons listed may be valid exemptions in the state in which you are claiming exemption. In addition, each state has other exemptions that are not listed on this form. To determine what sales and use tax exemptions are allowed in a particular state refer to the state’s web site or other information available relating to their exemptions.

For information on exemption certificate procedures and exemption number requirements in North Carolina, see Section 52 of the Sales and Use Tax Technical Bulletins which can be found on the Department’s website at www.dornc.com, or you may contact the Taxpayer Assistance Division at 1-877-252-3052 (toll free).

Seller: You are required to maintain proper records of exempt transactions and provide those records to Member states of the SST Governing Board, Inc., when requested. These certificates may be provided in paper or electronic format. If a paper exemption certificate is not forwarded by the purchaser, but instead the data elements required on the form are otherwise captured by the seller, the seller must maintain such data and make it available to Member states in the form in which it is maintained by the seller.

You are relieved of the responsibility for collecting and remitting sales tax on the sale or sales for which the purchaser provided you with this exemption certificate, even if it is ultimately determined that the purchaser improperly claimed an exemption, provided all of the following conditions are met: 1. All fields on the exemption certificate are completed by the purchaser or the required information is captured and maintained; 2. The fully completed exemption certificate (or the required information) is provided to you at the time of sale or as otherwise provided by Section 317 of the SSUTA; 3. If the purchaser is claiming an entity-based exemption (i.e., an exemption based on who the purchaser is), the state that would otherwise be due the tax on the sale allows the specific entity-based exemption claimed by the purchaser if the purchase was made at a sale location operated by the seller within that state; 4. You do not fraudulently fail to collect the tax due; or 5. You do not solicit customers to unlawfully claim an exemption.

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