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- Acceptance of Terms and Condition. The Purchaser after reading these Terms and Conditions agrees that these stated Terms and Conditions are material to the transaction and pursuant to the Global and National Co mmerce Act are an electronic record of a contract agreed to as if a signed record and shall be contractually binding in its entirety.
- Title and Conditional Sale: Title will not transfer until all payments have cleared and are received by the Seller.
- Damages and Expenses if Default: All purchases are cash, or credit card. If the Purchaser fails to make payment as agreed, the Seller shall be entitled to 1-1/2% per month on the unpaid balance until date of payment and, in addition, if the Seller must retake equipment, the Seller shall have the right to claim losses resulting from damage to the equipment, and in addition handling costs of 15% of the Purchaser's contract cost as liquidated damages and not as a penalty, together with Seller's reasonable attorney's fees and costs.
- Taxes: These Company prices do not include sales, use, excise (other than the Federal manufacturers excise tax as presently applicable) or similar taxes. Consequently, in addition to such prices, the amount of any present or future sales, use, excise (other than the Federal manufacturers= excise tax as presently applicable) or other similar taxes applicable to the sale or use of the products described herein shall be paid by the purchaser, or in lieu thereof, the purchaser shall provide the Company with a tax exemption certificate acceptable to the taxing authorities.
- Shipments: All sales are to be made f.o.b. point of shipment, unless stated in the sales agreement and prepaid by the Purchaser. Each shipment or delivery shall be considered a separate and independent transaction and payment therefore shall be made accordingly.
- Risk of Loss: Pursuant to the Uniform Co mmercial Code, the Purchaser assumes the risk of loss for damages and losses in the shipment of the goods. “The Purchaser authorizes the Seller to ship the goods by carrier and after delivery to the carrier the risk of loss passes to the Purchaser for delivery to Purchaser or a location as directed by the Purchaser.” Any claim for shortages in the quantity or specifications in the merchandise shipment must be filed with the Seller within 48 hours of Purchaser’s receipt of the goods.
- Delivery: Shipping dates given prior to shipment shall be deemed to be estimated only and the Seller shall not be liable for failure to meet such shipping dates, nor delays as for failure to manufacture or deliver resulting from causes beyond Seller's reasonable control or by labor conditions, product shortages, errors in manufacture, acts or failures or delays in its usual sources of supply of raw materials. In the event of shortages, the Seller reserves the right to allocate its available products among its customers as it may determine in its absolute discretion.
- Warranty: No oral or statutory or implied warranties of any kind (including fitness for purpose or use by the purchaser) other than of title shall apply to the products covered by this agreement. Seller is not responsible for satisfying any written Manufacture’s Warranties. All Warranty claims must be made directly with the manufacture.
- Limitation of Liability and Claims: Limitation of Liability and Claims: Seller shall have no liability for any defect in the product and Purchaser's sole claim shall be against the manufacturer for any such defects. Paragraph 7 hereof states the Seller's entire liability in respect to such products and in respect to the use or sale thereof. In no event will Seller be liable for special or consequential damages, and Seller's liability on any claim for loss or liability arising out of or in connection with the sale, resale, or use of any product sold pursuant to this agreement shall in no case exceed the selling price of such product, or part thereof involved in the claim. Seller shall have no liability of any kind to Purchaser for any claim based wholly or in part upon or relating to the sale, resale or use of the merchandise covered by the Purchaser's order unless Purchaser gives to Seller notice in writing of the claim within ninety (90) days by certified mail return receipt requested after the of sale or occurrence giving rise to the claim. Each notice of claim shall set forth fully the facts on which the claim is based. Nothing in this paragraph modifies or amends the i mmediately preceding paragraph or any other paragraph hereof.
- Installation: It is agreed that the Seller shall have no obligation to install any merchandise.
- Purchaser's Representation: The Purchaser represents and warrants that he intends to install and use the products in conformity with the manufacturer's operating manuals and specifications.
- Return Merchandise Authorization. No merchandise will be accepted for return without Seller's Return Authorization Number and the payment of 25% restocking fee plus shipping charges to Seller’s warehouse.
- Additional Freight Charges: Purchaser is responsible for all additional Delivery or Installation costs requested or required at time of scheduling and/or performance of delivery by the Shipping Company.
- Order Cancellation: Purchaser can cancel an order within 48 hours of placement without penalty. After 48 hours the order can be canceled before it is shipped with the payment of a 25% restocking charge. Special order items can not be canceled.
- Execution and Modification: This instrument contains the entire agreement between the parties and no representation, promise or condition which is not contained herein shall be binding upon either party. No waiver, alteration or modification of the foregoing conditions shall be valid unless made in writing and signed on behalf of the Seller by one of its executive officers.
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