Terms and Conditions
This order is subject to the following terms and conditions in addition to those stated on the front side of the sales order.
1- Acceptance. the offer of the customer to purchase will be accepted only on the terms set forth herein which supersede any conflicting terms on customers purchase order or other purchase document issued in connection with this transaction.
2- Declaimer of warranties and limitation of liability. Goods made by others carry such warranties as may be given by the manufactures thereof and no additional warranty of seller, express or implied, shall be attached thereto. Seller warrants to the original purchaser, items of its own manufacture against defects in material and workmanship under normal use and service for a period of twelve (12) months, unless otherwise specified hereon. This warranty is conditioned upon customer giving seller immediate written notice upon discovery of any defect. Seller shall, at its option require the return of the defective item, transport prepaid, to establish the claim and shall not be responsible for freight charges for return of any item. Sellers's liability for damages resulting from any cause whatsoever shall in no event exceed the cost of the repair or replacement of damaged or defective parts. Seller shall not be held liable and no allowance shall be made for repairs or alterations made without seller's written consent or approval. Seller shall not be held responsible for work done, apparatus furnished, or repairs made by others. Seller does not warrant any goods sold hereunder to meet or comply with the requirement of any safety code, regulation or law of any government entity. Customer takes any used good "as is" and with faults or defects unless modification is endorsed hereon or in a separate writing signed by seller. THE FOREGOINGUNDERTAKING IS IN LIEU OF ANY OTHER WARRANTIES, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED, AND SELLER SHALL NOT BE LIABLE FOR DEFECTS IN OR FOR ANY DAMAGES OR LOSS TO THE PROPERTY SOLD NOR CAUSED BY THE PROPERT SOLD UNLESS ASPECIAL SELLER'S WARRANTY IS EXPRESSLY WRITTEN ELSEWHERE HEREON IN A SEPARATE WRITING SIGNED BY THE SELLER, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE CUSTOMER OR TO ANY THIRD PARTY.
3- Risk and liability. Customer assumes all risk and liability for property damage or bodily injury including, without limitation, claims by customer or third parties for special, indirect or consequential damage arising from the storage, use, and/or operation of the goods. Customer agrees to indemnify, defend and hold seller harmless from all such claims.
4- Security interest. Seller shall have a security interest in the goods delivered hereunder until the total selling price, including taxes, delivery and other charges paid in full by customer. Customer agrees on demand to execute and deliver to seller any additional security agreements, financing statements and other documents as may be required by the seller to secure the purchase price. In the event the purchase price is not fully prepaid and the customer fails to execute and deliver to the seller such documents, the entire balance of the purchase price shall, at the seller's option, become immediately due and payable.
5- Risk of loss. This property shall at all times after delivery to customer, customer's agent or a transportation company, whichever occurs first, be the sole responsibility of the customer, and all loss or damage to said property or any part hereof occasioned by fire or in any other manner whatsoever, shall be borne by customer and shall not operate to extinguish or diminish liability of customer to seller. Any property covered hereby shall be insured by customer at customer's sole expense against fire and other hazards generally covered be extended fire coverage insurance for the full insurable value thereof to the full extent of any balance of the purchase price remaining unpaid.
6- Disputes. This agreement between seller and customer and its enforcements shall be governed by the laws of the state of California. No dispute, controversy or question arising hereunder may be subject to arbitration at customers instance without the prior express written consent of seller and no provision of these terms and conditions constitutes such consent. Customer and seller agree that proper jurisdiction and venue for any legal action arising hereunder shall be in superior court of the state of California for Kern County in the event suit or action is instituted to enforce any right provided for herein, the prevailing parties shall be entitled to recover from the other party costs and disbursements incurred together with reasonable attorney's fees.
7- Property included. Where applicable herein, the words "property" and "goods" will include labor and/or services.
SELLER FOR SECURITY PURPOSES RETAINES TITLE TO DESCRIBED GOODS UNTIL PAID ACCORDING TO THE TERMS, BUYER ASSUMES RISK OF LOSS OR DAMAGE TO DESCRIBED GOODS UPON DELIVERY. IN CASE OF BUYERS DEFAULT IN PAYMENT, SELLER OR HIS AGENTS MAY TAKE POSSESSION OF AND REMOVE DESCRIBED GOODSFROM BUYERS PREMISES OR ELSEWHERE WITHOUT PRIOR NOTICE. BUYER WAIVES ALL RIGHT OF ACTION FOR TRESPASS, DAMAGES OR OTHER CAUSE RESULTING FROM REPOSSESSION UPON BUYERS DEFAULT INPAYMENT. BUYER AGREES TO PAY A FINANCE CHARGE OF 1% PER MONTH, 18% PER YEAR, PLUS REASONABLE COLLECTION COAST AND ATTORNET'S FEES
WARNING AND DISCLAIMER
This unit may not be suitable for all applications and may result in damage to unit and related equipment. Seller disclaims reasonability for any and all damage and buyer assumes the risk of using this unit.
Sully & SonToll Free: 888.501.8049
2500 E. Brundage Lane
Bakersfield, CA 93307
E-mail: [email protected]