Terms of Sale

IN CONSIDERATION OF THE COVENANTS and agreements contained in this Sales Agreement the parties to this Agreement agree as follows:

Purchase Price

  • The Buyer will accept the Goods and pay for the Goods with the sum of listed purchase price, paid by by credit card or other digital means provided by the seller, as required in clause 4 of this Agreement. Prices are offered in US dollars (USD) and the seller makes no claims to price as it pertains to conversion to other currencies. The price of future purchases may change without notice.
  • California residents will be charged sales tax, according to current city, county, and state laws.

Delivery of Goods

  • The Goods will be delivered to the Buyer at the address specified by the buyer. The method of shipment will be via the United States Postal Service, UPS, Federal Express, or other certified means of delivery.

Warranties

  • THE GOODS ARE SOLD ‘AS IS’ AND THE SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Seller does not assume, or authorize any other person to assume on the behalf of the Seller, any liability in connection with the sale of the Goods.  The Seller’s above disclaimer of warranties does not, in any way, affect the terms of any applicable warranties from the manufacturer of the Goods.

License

  • The Buyer shall be issued

Excuse for Delay or Failure to Perform

  • The Seller will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of the Seller or its suppliers. If the Seller, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Goods at the time specified or within one month after the date of this Agreement, then the Seller will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.

Remedies

  • The Buyer’s exclusive remedy and the Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.

Cancellation

  • The Seller reserves the right to cancel this Agreement:
    1. if the Buyer fails to pay for any shipment when due;
    2. if the Seller deems that its prospect of payment is impaired.

General Provisions

  • Headings are inserted for the convenience only and are not to be considered when interpreting this Agreement.  Words in the singular mean and include the plural and vice versa.  Words in the masculine mean and include the feminine and vice versa.
  • All representations and warranties of the Seller contained in this Agreement will survive the closing of this Agreement.
  • The Buyer may not assign its right or delegate its performance under this Agreement without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void. An assignment would change the duty imposed by this Agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment.
  • This Agreement cannot be modified in any way except in writing signed by all the parties to this Agreement.
  • This Agreement will be governed by and construed in accordance with the laws of the State of California, including the California Uniform Commercial Code and the Seller and the Buyer hereby attorn to the jurisdiction of the Courts of the the State of California
  • Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of California on the date of execution of this Agreement.
  • If any clause of this Agreement is held unconscionable by any court of competent jurisdiction, arbitration panel or other official finder of fact, the clause will be deleted from this Agreement and the balance of this Agreement will remain in full force and effect.
  • This Agreement will inure to the benefit of and be binding upon the Seller and the Buyer and their respective successors and assigns.
  • This Agreement may be executed in counterparts.  Facsimile signatures are binding and are considered to be original signatures.
  • Time is of the essence in this Agreement.
  • This Agreement constitutes the entire agreement between the parties and there are no further items or provisions, either oral or otherwise.  The Buyer acknowledges that it has not relied upon any representations of the Seller as to prospective performance of the Goods, but has relied upon its own inspection and investigation of the subject matter.

 

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