Your use of Pay by Invoice as a payment method is subject to these terms and conditions (the “Pay by Invoice Terms”). Additional policies also apply to your use of Pay by Invoice. We may update these Pay by Invoice Terms and Pay by Invoice Policies by posting updates on our website. Your use of Pay by Invoice after the effective date of any such updates constitutes your acceptance of the revised terms. When you choose to pay for an order using Pay by Invoice you agree to be bound by the Pay by Invoice Terms and the Pay by Invoice Policies.
1. Payment
The payment term for any order placed using Pay by Invoice is in accordance with the standard payment term set out in the Pay by Invoice Policies (Net 30 days), or within such longer time-period authorized by Pacific Rx Disposal and shown on your invoices. If you fail to make payment to Pacific Rx Disposal when due, we may charge you interest at the rate of 5% of the amount of the outstanding payment per month. If you made a payment accidentally to Pacific Rx Disposal’s bank account, or you are closing your account and it has a positive account balance, you may request a return of a balance held by Pacific Rx Disposal by contacting us. Disbursement to you will not exceed your outstanding balance. Pacific Rx Disposal may offset any amounts otherwise owed to Pacific Rx Disposal by you from such amounts.
2. Credit Limit
Pacific Rx Disposal may, in its sole discretion, apply a credit limit to your use of Pay by Invoice. Your credit limit may be increased, reduced, suspended, or revoked by Pacific Rx Disposal at any time and for any reason.
2. Eligibility
Pacific Rx Disposal may perform credit checks on your business, including by using third parties, as part of determining your initial and ongoing eligibility for the Pay by Invoice payment method. Pacific Rx Disposal and such third parties may use any information available in the public domain, validate the data provided by you, and exchange data with other Pacific Rx Disposal affiliates and with credit agencies. You will promptly, upon our reasonable request, provide Pacific Rx Disposal with any additional information, and you authorize us to request and obtain such information from government authorities or from any public domain, as permitted by law. You represent and warrant, and covenant that any information provided or made available by you or your affiliates to Pacific Rx Disposal or its affiliates is accurate and complete, and you will promptly update such information as necessary to ensure it at all times remains accurate and complete. You represent and warrant that your organization is located within the United States of America, including its territories and possessions. You will notify us in writing 30 days prior to any change in your legal name or any change of your jurisdiction of organization and if acquired by a third party.
3. Termination and suspension
If you (i) fail to make payment when due; (ii) fail to comply with these Pay by Invoice Terms; (iii) become insolvent, enter into receivership, make an assignment for the benefit of creditors, or declare bankruptcy or similar proceedings are commenced by or against you; or (iv) experience an event that has a material adverse effect on your business, operations, or financial condition, we may, without prior notice to you and any requirement of such notice being waived by you and without prejudice to any other legal remedies that may be available to us (u) suspend or cancel orders; (v) suspend or revoke your credit; (w) offset any amounts that are otherwise payable by us to you; (x) demand immediate payment of all other outstanding invoices; and/or (y) terminate your account.
4. Collections
We may initiate collections against any past due invoices. We may engage a third-party agency to manage this process on behalf of Pacific Rx Disposal, and you may be liable for any fees or charges that a third-party may assess for collections.
5. Errors
You may not dispute an invoice due to any errors or omissions made by users in your organization while placing the order (e.g. entering incorrect purchase order number).
6. Severability
If any provision of these Pay by Invoice Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Pay by Invoice Terms and will not affect the validity and enforceability of any remaining provisions.
7. Governing law
The laws of the State of Washington, without reference to conflict of law rules, as well as the Federal Arbitration Act and federal arbitration law, govern the Agreement and any dispute that might arise between you and us that pertains to Pacific Rx Disposal or this Agreement. The United Nations Convention for the International Sale of Goods does not apply to the Agreement.
8. Entire agreement
These Pay by Invoice Terms incorporate the Pay by Invoice Policies by reference and, together with the Pacific Rx Disposal Terms of Service, represent the entire agreement between the Parties with respect to this subject matter and supersede any previous or contemporaneous oral or written agreements regarding such subject matter. Pacific Rx Disposal will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Pay by Invoice Terms (whether or not it would materially alter the Pay by Invoice Terms). In the event that any term, condition, or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence, or other document, (b) related to any online registration, purchase order, supplier form, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete is inconsistent with the Pay by Invoice Terms, the Pay by Invoice Terms will prevail.