- DELIVERY AND RISK OF LOSS
Buyer agrees to pay all costs of transportation, including any applicable tariffs, customs duties, or import taxes for international shipments, or to reimburse Seller for any expenses incurred in transporting the goods. Buyer assumes all risk of loss or damage thereto from the time goods are presented to the carrier for loading. If a package is received in damaged condition, it is the Buyer’s responsibility to contact the carrier and retain the package for inspection.
- WARRANTY
Seller warrants that the goods to be supplied hereunder will conform to the description on the face hereof, and that it will convey good title thereto.
- DISCLAIMER
Seller makes no other warranty whatever, expressed or implied, and all implied warranties of merchantability and fitness for a particular purpose are disclaimed and excluded from this transaction and shall not apply to the goods sold hereunder.
- EXCLUSIVE REMEDY
Seller will replace, at the delivery point specified herein, any goods furnished here- under that is found to be defective or otherwise fails to conform to the conditions of this contract, or, at Seller’s option, Seller will repay the price paid for such product, plus any transportation charges paid by Buyer in addition to such price. Buyer shall have no more than 15 days following delivery to give notice to Seller of non- conforming goods. Seller must be given a reasonable opportunity to investigate. Buyer’s remedies with respect to any product furnished by Seller, hereunder that is found to be defective or otherwise not conforming with this contract, shall be limited EXCLUSIVELY to the right of replacement or repayment as stated herein. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSE- QUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES.
- INDEMNIFICATION
Buyer agrees to indemnify, hold harmless, and defend Seller of and from any and all claims or liabilities asserted against Seller in connection with the manufacture, sale, delivery, resale or repair or use of any product covered by or furnished under this contract arising in whole or in part out of or by reason of the failure of Buyer, its agents, servants, employees or customers to follow instructions, warnings or recommendations furnished by the Seller in connection with such product, or by reason of the negligence of Buyer, its agents, servants, employees or customers.
- ADVICE
Seller assumes no obligation or liability for advice or assistance given or results obtained in connection with any goods sold hereunder. All such advice or assistance is given and accepted at Buyer’s risk. Any decision as to use or installation of goods sold hereunder is that of the Buyer.
- COMPLIANCE WITH LAW
Seller certifies that these goods were produced in compliance with all applicable requirements of Section 6, 7, and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14, thereof.
- RETURN
Seller will not accept for return any goods specially manufactured for the Buyer. Seller will accept for return standard items, if returned within 30 days of delivery and after prior written permission from Seller authorizing return.
- ENTIRE AGREEMENT
No terms or conditions other than those stated herein, and no agreement nor understanding, oral or written in any way purporting to modify these terms and conditions, whether contained in Buyer’s purchase order, Seller’s acknowledgment, shipping forms, or elsewhere, shall be binding on Seller unless made in writing and signed by an officer of Seller. Trade usage shall neither be applicable nor relevant to this agreement, nor be used in any manner whatsoever to explain, qualify or supplement any of the provisions herein.
