TERMS
AND CONDITIONS
1.
Delivery: Delivery of Goods at the Seller's place of business or by the Seller's employees shall constitute delivery to the buyer, and regardless of freight payment, title and all risk of loss or damage in transit shall pass to the buyer at all time.
2.
Acceptance of Orders, Modifications and Cancellations:
No order for Goods or Services shall be binding upon the Seller until accepted by signing of Purchase acknowledgement form or by shipment. Any such order shall be subject to these standard conditions of sale. Acceptance shall be conditioned on assent to these conditions: which assent shall be deemed given unless Buyer shall expressly notify the Seller tothe contrary prior to delivery or other performance by the Seller on such order.Failure of the Seller to object to conditions combined in any purchase order from a Buyer shall not be construed as a waiver of these conditions of sale, nor an acceptance of any such provisions. No order may be altered or modified from these terms and conditions by purchaser unless agreed to in writing and signed by a Corporate Officer or Manager of the Seller.
3.
Prices: Prevailing price are subject to change without
notice. In the event of a price change, material on order
but unshipped, shall be adjusted to the price in effect
at time of shipment unless provisions to the contrary
are agreed to in writhing and signed by a Corporate Officer
of Division Manager of the Seller.
4.
Payment Terms: Each invoice will indicate the terms,
if any, applicable to the merchandise shipped of the invoice.
All invoices are due in full (net) on the 30th after shipment.
A service charge on the maximum amount allowable by State
Law will be charged on all invoices not paid 10 days after
due date and similarly each month thereafter until paid.
Invoices will be issued and are payable as PARTIAL shipments
are made. All payment terms are subject to alternation
and approval at all times.
5.
Return of Goods: All returns not caused by error of
the Seller may be subject to return charges 15%
6.
Warranties: Except for the manufacturer's warranties,
which shall run directly from the manufacturer to the
Buyer, if applicable, Seller makes no other express warranties
with respect to the goods. It is expressly understood
that no implied warranties are applicable to this agreement
and that THIS SELLER DOES NOT WARRANT THAT SAID GOODS
ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR
ANY PARTICULAR PURPOSE IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT SELLER SHALL IN NO CIRCUMSTANCES BE RESPONSIBLE
FOR ANY INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES AS DEFINED
IN CALIFORNIA COMMERCIAL CODE 2715 AND ANY ACTS AMENDATORY
THERE TO.
7.
Force Majeure: Seller shall not incur any liability
to Buyer for a delay, nonperformance or other defaults
relating to the sale of any goods which are subject to
this agreement which result from or are substantially
contributed to, directly or indirectly, by strikes, lockouts,
fires, wars, floods, delays in carriers, government acts,
delays and defaults of contractors and subcontractors
of either party of any circumstances beyond Seller's direct
or indirect control.
8.
Governing Law: All contracts of the Sellers' apparatus
and supplies shall be governed and construed according
to the laws of the State of California, including, but
not limited to, the California Commercial Code.
