TERMS AND CONDITIONS
Seller reserves the right to charge for handling, packaging and miscellaneous charges incurred in connection with the preparation and delivery of the products.
No price adjustments will be made after date of shipment.
If Buyer operates in multiple locations, Seller is not responsible for shortages in stopover or transit as between one location of Buyer and another, or for damages resulting from insufficient or negligent handling at stopover points or in transit as between one location of Buyer and another.
Errors on any invoice are subject to correction by Seller.
DISCLAIMER OF WARRANTIES
SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE GOODS
ARE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.
The Seller gives no warranty expressed or implied as to description, quality, merchantability, fitness for any particular purpose, productiveness, installation
or any other manner of any goods herein sold. The Buyer acknowledges that he is not relying on the Seller’s skill or judgment to select or furnish goods suitable for any particular purpose, that there are no warranties which extend beyond the description on the face hereof and that there are no warranties arising from any trade custom or usage or course of dealings between the parties. Seller does not assume, nor authorize any other person to assume for Seller, any liability in connection with the sale or use of the goods herein sold. Buyer acknowledges that no representations were made to him or relied upon by him with respect to the quality, function or use of the goods herein sold and further acknowledges that the limit of Seller’s liability upon any express warranty made to the Buyer by the Seller shall be limited to the actual purchase price paid by the Buyer for the goods herein sold. Seller shall not be liable
for injury to property or persons.
EXCLUSIVITY OF REMEDY; LIMITATION OF DAMAGES
The sole and exclusive remedy of Buyer for defective goods or services shall be, at Seller’s option, repair, replacement or refund of purchase price. To the maximum extent permitted by applicable law, in no event shall Seller be liable for any damages including but not limited to any claim for breach of contract or express warranty, tort (including negligence) or strict product liability, for any incidental, contingent, special or consequential damages arising from or out of the goods purchased hereunder, including but not limited to liability for loss of profits or revenue, loss of use of goods, costs of capital, cost of substitutes, additional costs incurred by Buyer, damage caused by delay or claims of Buyer’s customers or other third parties for damages. The limitation of damages shall be in effect even if Seller has been advised of the possibility of such damages.
BUYER WAIVES ANY AND ALL CLAIMS RELATING TO THE PRODUCTS OR SERVICES PROVIDED HEREUNDER UNLESS (A) THE CLAIM IS MADE TO SELLER’S OFFICER WITHIN THIRTY (30) DAYS OF ARRIVAL OF MERCHANDISE OR PERFORMANCE OF SERVICES, AND (B) IF SUCH CLAIM IS BASED ON DEFECTIVE MERCHANDISE, SUCH MERCHANDISE IS KEPT INTACT UNTIL INSPECTED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
If Seller refers one or more invoices to Seller’s attorneys for collection or enforcement, Buyer agrees to pay all reasonable attorneys’ fees, expenses and court costs, including expert witnesses’ fees and costs, without regard to whether a lawsuit is filed, including those incurred in trial, on appeal and in preparation therefor.
UNAUTHORIZED RETURNS WILL NOT BE ACCEPTED.
ITEMS NOT SHIPPED AT THIS TIME WILL BE BACK ORDERED AND INVOICED AT TIME OF SHIPMENT.
All claims must be made within 30 days. Unauthorized returns will not be accepted