No Buyer form shall just click for source these Terms godos Conditions, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions.
In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract. Xale and Shipping Terms. Partial deliveries are permitted. Seller may deliver Products in advance of the delivery schedule. Delivery times fresh produce clothing sale or and are dependent upon prompt receipt by Seller of all information necessary to proceed with the work without interruption.
If Products delivered do not correspond in quantity, type term price to those itemized in the shipping invoice or documentation, Buyer shall golds notify Seller within ten 10 days after receipt. For export shipments from a Seller facility or warehouse outside the U. For shipments from the U. For all other shipments, title to Products shall pass to Buyer the earlier of condiyions the port of export immediately after Products have been cleared for export or ii immediately after each item departs from the territorial land, seas and overlying airspace of the sending country, sale of goods terms and conditions.
When Buyer arranges the export shipment, Buyer will provide Seller evidence of exportation acceptable to the relevant tax and custom authorities. Cancellation of Purchase Order. Buyer may cancel its order only with the prior written consent of Seller, which Seller may withhold in its sole discretion. All cancelations will be subject to payment to Seller of reasonable and proper cancelation charges.
Buyer more info return Sale of goods terms and conditions only at annd sole cost and only with trms prior written authorization of Seller, subject to a restocking fee as agreed by the parties.
No returns of special, custom, or made-to-order Products will be permitted. No returns will be permitted more than sixty 60 days after delivery. Title and Risk of Loss. Title and risk of loss passes to Buyer pursuant to the terms of Article 2. As collateral security for the full payment of the purchase price of the Products, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Products, wherever located, and whether now gpods or hereafter arising or acquired from time to time, and in yoods accessions thereto and replacements or modifications thereof, as well as all proceeds including insurance proceeds of the foregoing.
The security interest szle under this provision constitutes a purchase money security interest under i if in the United States, the Texas Uniform Commercial Code or ii if in Canada, snd Personal Click here Security Act Canada.
Fresh produce clothing sale Charges. A Non-recurring set-up charge may be imposed for any special tooling, including without limitation, dies, fixtures, molds and patterns acquired to manufacture items sold subsequent to this contract.
Such special tooling shall be and remain Sellers property notwithstanding payment of any charges therefore by buyer unless otherwise agreed to on the face hereof. Payment of charges in connection with tooling or apparatus does not constitute ownership of same.
All charges in connection with this contract will be imposed only with salr knowledge and acceptance of Buyer.
Seller shall have the right to alter, discard or otherwise dispose of any fresh produce clothing sale tooling or other property at its sole discretion at any time. Contract Price. Prices are subject to change without prior notice and Seller shall thereafter notify Buyer of any price increases.
Upon cancellation, Buyer shall pay Seller: 1 the Contract Price for all Products which have been completed or are in store sale greenfield process of buy a discount coupon stranger things, 2 components or goods secured by Seller from outside sources for the performance of the Contract, and 3 special tooling and equipment procured for the conditioons of the Contract.
All prices shall be confidential gooods Buyer shall not disclose such prices to any unrelated party. Sale of goods terms and conditions Conditiona. In addition to all other remedies available under these Terms and Conditions or at law which Seller does not waive by the this web page of any rights hereunderSeller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty 30 days following written notice thereof.
All gooda not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above. Disclaimer of Warranty. All products not fresh produce clothing sale by Seller are sold sqle with the warranties provided by the manufacturer of products, if any.
Seller personnel are not authorized to alter this disclaimer ssale warranty. Limitation of Liability. In sale of goods terms and conditions event the injury or damage is caused by joint or concurrent negligence of Buyer and Seller, the loss or expense shall be borne by each party sale of goods terms and conditions proportion to its degree of negligence.
Adequate Assurance. Intellectual Property Rights, fresh produce clothing sale. Compliance with Laws. Seller disclaims any representation or warranty that the Products conform to federal, state or local laws, regulations, ordinances, slae or standards, except as expressly set forth by Seller in writing. Buyer shall comply with all applicable laws, regulations and ordinances.
Seller may terminate this Contract if any governmental authority imposes antidumping or countervailing sale of goods terms and conditions or any other penalties on Products. Seller is committed to complying with all relevant export laws. Diversion abd to U. Buyer agrees to indemnify and hold Seller xale from any and all costs, liabilities, penalties, sanctions and fines related to non-compliance with applicable export laws and regulations.
Foreign Corrupt Practices Act, sale of goods terms and conditions has not, directly or indirectly, offered, paid, promised, or authorized the giving of money or anything of value to any government official for the purpose of influencing any act or decision of such government official.
Buyer is not on, nor is Buyer associated with any organization that is on, any list of entities maintained by the United States government that fresh produce clothing sale parties to which the sale of goods or services is restricted or prohibited.
Nuclear and Hazardous Activities. Unless specifically agreed to in writing by an cojditions officer of Seller, Products shall not be used in connection with any nuclear facility or any other application or hazardous activity where the failure of a single component could cause substantial harm to persons or property.
If so used, Buyer agrees to indemnify conditione hold Seller harmless from any buy iphone charger in charlotte tryon all causes of action, claims, costs, liabilities, and losses that arise from or relate to conditionz use of Products in such facilities, closeout presence, or activities.
Amendment and Modification. These Terms and Conditions may only be amended or modified in a writing which specifically states that it amends these Shopping ebay india and Fresh produce clothing sale stationery subject paper is signed by an authorized representative of each party.
No waiver by Seller of any of the provisions of this Contract is effective unless explicitly set fresh produce clothing sale in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Contract operates, o may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Confidential Information. Seller shall be entitled to injunctive relief for any violation of this Section. Fresh produce clothing sale Section does not apply to information that is: a in the public domain; b known to Buyer at the time of disclosure; or c rightfully obtained by Buyer on a non-confidential basis from a third party.
Force Majeure. Buyer buy gift voucher conduct code not assign any of its rights or delegate any of its obligations under this Contract without the prior written consent of Seller.
Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Contract.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in ane Contract shall be construed as creating any agency, partnership, here venture or other form of joint enterprise, employment or saale relationship between the parties, and neither party shall have authority to contract for or bind the other party in asle manner whatsoever.
Governing Law. Submission to Jurisdiction. The number of arbitrators shall be one, selected in accordance with the ICC rules, unless the amount in dispute exceeds the equivalent of U. When three arbitrators are involved, each party shall appoint one arbitrator, and those two shall appoint just click for source third black friday sale bookcases thirty 30 days, who shall be the Chairman.
The seat, or legal place, of arbitration, shall be London, England. The arbitration shall termms conducted in English. In reaching their decision, condiions arbitrators shall give full force and effect to the intent of the parties as expressed in the Contract, and go here a solution is not found in the Contract, shall apply the governing law of the Contract.
The decision of the arbitrator fresh produce clothing sale shall be final and binding upon both parties, and neither party shall seek recourse to a law court or other authority to appeal salee revisions of the decision.
Each fresh produce clothing sale irrevocably submits to the exclusive jurisdiction sale of goods terms and conditions such courts in any such suit, action or proceeding arising out of these terms and conditions.
All Notices shall be delivered by personal delivery, nationally recognized overnight courier with all fees pre-paidfacsimile with confirmation of transmission or certified or registered mail in each case, return receipt requested, postage prepaid. Except as otherwise provided in this Contract, a Notice is conditionz only a upon receipt of the receiving party, and b if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Contract trms invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall click the following article affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction. Complete Agreement. These General Terms and Conditions constitute the entire agreement between Buyer and Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.
The parties have expressly requested that sale of goods terms and conditions Contract and all related documents be drafted in the English language. For information, contact: Katie Oswald Clark Email. Use our location finder tool trrms find information on the nearest location to sale of goods terms and conditions. Click here for Location Sale of goods terms and conditions. Menu Close.
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