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Sales
Tax
Items
sold and shipped to destinations in the state of Texas
are subject to sales tax. Laws require that we charge sales tax on
the full amount of the order.
Price
The
prices quoted herein are subject to change without notice and may
unless otherwise specified on the face of this
agreement be adjusted to Seller's prices in effect on the date of
each shipment made pursuant to any purchase order of Buyer for
the products listed herein. Orders given to or accepted by Seller's
salesmen or agents are subject to approval and acceptance at
Seller's place of business. Seller's prices do not include sales use
excise or similar taxes. Consequently, in addition to the price
specified herein the amount of any present or future sales use
excise or other similar tax applicable to the sale of the
merchandise shall be paid by the customer or in lieu thereof the
customer shall provide Seller with a tax exemption certificate
acceptable to the taxing authorities.
Payments
Unless
otherwise agreed, all orders are for cash or will be shipped C.O.D.
Each shipment shall be considered a separate and independent
transaction and payment therefore shall be made accordingly. Where
credit has been approved, the terms are net 10th Prox. unless
otherwise specified. Invoices will be dated day of shipment. Seller reserves
the privilege whenever in it opinion any reasonable doubt as to
Buyer's responsibility exists to suspend or alter credit terms
previously quoted to require payment before shipment or delivery or
before manufacture in the case of merchandise to be made to
special order, and in any such event. Seller shall not be liable for non-performance
of this agreement in whole or in part.
Delivery
Please refer to shipping policy.
Shipment
Please refer to shipping policy.
Returns
Please refer to shipping policy.
Patents
With
respect to all merchandise sold in accordance with customer's
designs, blueprints, drawings, samples, or specifications,
customer shall indemnify, pay for, and save Seller harmless from any
and all expenses, injury, or losses arising out of claims of
patent infringement because of the manufacture, use, or sale of any
such merchandise.
Technical Advice
Any
technical advise furnished or recommendation made by Seller or any
representative of seller concerning any use or application of
any merchandise furnished under this agreement is believed to be
reliable but Seller makes no warranty, express or implied,
including the warranty of merchantability or fitness for a
particular purpose of the results to be obtained. Customer
assumes all responsibility for loss or damage resulting from the
handling or use of any such merchandise.
Security Interest
Customer
hereby grants seller a security interest in the merchandise sold
hereunder, said security interest to remain in existence until
all payments, including deferred payments, whether evidenced by
notes or otherwise, shall have been made in full, in
cash, and customer agrees to do all acts necessary to perfect and
maintain such security interest in seller. During the
existence of the aforesaid security interest customer warrants and
represents that the merchandise will remain personal property.
Warranty
CUSTOMER
ACKNOWLEDGES THAT SELLER HAS MADE NO WARRANTIES RESPECTING THE MERCHANDISE
SOLD HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS BETWEEN SELLER
AND CUSTOMER, CUSTOMER PURCHASES THE MERCHANDISE "As Is"
AND "WITH ALL FAULTS." Some of the merchandise
purchased by customers from Seller has been, or will be,
manufactured by a third party. To the extent allowed by the
law, SELLER SHALL NOT BE LIABLE TO CUSTOMER FOR INCIDENTAL AND
CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER FROM ANY REASON WHATSOEVER.
MUTUAL UNDERSTANDING
The
foregoing terms and conditions shall constitute the entire agreement
of the parties with respect to the order, receipt of which is
hereby acknowledged, except that in the event that such order
applies to a government prime or subcontract, the contract
resulting from the acceptance of customer's order shall be deemed to
contain those provisions which are required by law to be
incorporated in such government contracts. No waiver, alteration, or modification
of the terms and conditions herein shall be valid unless signed by
the parties hereto, provided that customer's acceptance of
delivery of any shipment of merchandise covered by this agreement
shall constitute an a acceptance in full of these terms and
conditions. If, on account of breach by customer of any of
customer's obligations hereunder, it shall become necessary for
the Seller to employ an attorney to enforce or defend any of its
rights or remedies hereunder, then in such event any reasonable
amount incurred by Seller as attorney's fees shall be paid by
customer. Interest on all amounts past due will accrue at the rate
of 10% per annum. This agreement shall be construed as being
made in Dallas County, Texas, and the rights and duties of the
parties hereto shall be determined in accordance with the laws
of the State of Texas. No waiver by the parties hereto of any breach
or default of any term or condition of this agreement shall be
deemed to be a waiver of any other breach or default of the
same or any other term or condition contained herein. If any
provision of this agreement is
declared void, illegal, or unenforceable by a court of competent
jurisdiction, the other provisions shall remain in full force
and effect, and the provision held to be void, illegal, or
unenforceable shall be limited so that it shall remain in
effect to the extent permissible by law.
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