PO Box 13685
Scottsdale AZ 85267-3685
TERMS AND CONDITIONS OF SALE
a. Are in U.S. Dollars, and are subject to change without
notice at any time prior to acceptance of your order by our manufacturer.
Delivery dates or shipping schedules are approximate and based upon the most recent information available to us from the manufacturer as of the date of our order entry and may be adjusted upon receipt of subsequent information from our manufacturer. The reference "OR SOONER IF AVAILABLE" on our acknowledgment is to inform you that we have authorized the manufacturer to ship sooner than the approximate delivery date, if possible.
Validity of Quotation:
This quotation is valid for thirty (30) days from quotation date unless specified otherwise. Upon receipt of acceptance of order from our manufacturer, with their acknowledgment of the approximate delivery, we will send to you our written acknowledgment of your order.
Specification and Performance:
We shall not be responsible for any failure to perform
arising from causes beyond our control. These causes shall include, but
shall not be restricted to fire, acts of God, explosions, accident, labor
disputes of any character, labor shortages or failure or delays in
transportation, inability to secure raw materials or machinery for the
manufacture of its products, acts of government or any agency thereof and
The installation of the machine, its assembly, and the provision of electrical and other connections, etc. is to be purchaser's responsibility..
Terms and Method of Payment:
Unless terms of credit have been otherwise agreed, upon
execution of irrevocable offer to purchase, purchaser shall pay ten
percent (10%) of the purchase price as a non-refundable deposit to be
applied against purchase price of goods. Purchaser shall pay ninety
percent (90%) of the purchase price plus any applicable taxes upon
transfer of title at F.O.B. point. Buyer hereby grants Seller a purchase
money security interest in all equipment sold under this agreement to
secure payment and performance of Buyer's obligations hereunder.
This quotation is considered an irrevocable offer to purchase, and is non-cancelable after it has been accepted by seller. Any deviation from this policy must have approval of seller, and any cancellation accepted shall be deemed to have damaged seller to extent of, but not limited to, the amount held as non-refundable deposit, and this deposit shall be forfeited. Purchaser will be held responsible for all charges including, but not limited to, any additional charges which may arise as a result of any cancellation.
Non-waiver or Default:
In the event of any default by purchaser, seller may decline to make further shipments without in any way affecting its rights under such order. If, despite any default by purchaser, seller elects to continue to make shipments, its action shall not constitute a waiver of any default by purchaser or in any way affect seller's legal remedies of any such default.
Seller retains title to all items shipped until purchaser performs all his obligations hereunder. Seller retains a security interest in the goods to secure full performance of purchaser's obligations, including but not limited to, a right to repossess.
The contract made hereunder shall be binding upon and inure to the benefit of the successors and assigns of the seller, but shall not be otherwise assignable by purchaser without the consent of seller.
Loss or Damage in Transit:
Seller's liability for loss or damage to the machine and equipment covered by this order is limited to events which in our sole judgment have occurred prior to its delivery to the F.O.B. point shown on our order acknowledgment. Any loss subsequent to delivery to the F.O.B. point is to be at the risk of the purchaser.
Warranty - Disclaimer of Implied Warranties:
a: The warranties provided herein are the exclusive warranties
made by the seller. There are no other warranties expressed
or implied by law or usage which extend beyond the description on the
face hereof and purchaser waives all other warranties, expressed, implied
or statutory. Seller makes no warranty of merchantability, and
description of the goods or repairs contained in this agreement is for
the sole purpose of identifying them, and is not a warranty.
Disputes and Governing Law:
This contract shall be deemed to have been entered into and shall be governed by the laws of the State of Arizona. All claims, disputes and controversies arising out of or relating to this contract, or the breach thereof shall in lieu of court action be submitted to arbitration and accordance with the COMMERCIAL ARBITRATION RULES of the AMERICAN ARBITRATION ASSOCIATION, any judgment upon the award rendered by the arbitrator's may be entered into any court having jurisdiction thereof. The site of the arbitration shall be Scottsdale, Arizona unless another site is mutually agreed between the parties.
Modification of Terms and Condition:
to or modification of any of these provisions shall be binding upon
seller unless made in writing and signed by a duly authorized
representative of seller. These provisions constitute the agreement
of the parties and any terms, oral or written, not specified herein,
shall not be binding.