StoneAge AUTOBOX ABX-2L, Руководство пользователя

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a. if Buyer fails to purchase and use necessary and appropriate safety
devices and guards as determined and/or recommended by Seller;
b. if Buyer fails to maintain in good working order such safety devices
and guards as are purchased from Seller;
c. if Buyer adds, omits, repairs, modifies, replaces or substitutes any
components on the equipment without permission from Seller;
d. if Buyer exceeds at any time the maximum safe loads, pressures or
speeds recommended by Seller for the equipment furnished hereunder
without the specific written consent of Seller; or
e. if Buyer otherwise fails to operate the product or equipment in
accordance with Seller’s printed instructions or otherwise negligently
operates the equipment.
5. Delivery. Seller is not obligated to make delivery by a specified
date, but will always use its best efforts to make delivery within the
time requested. All deliveries are based on F.O.B. Seller’s factory,
unless specifically agreed otherwise, and Buyer shall pay all shipping
costs and insurance from that point. Seller, in its sole discretion, will
determine and arrange the means and manner of transportation of
the products. Responsibility of Seller shall cease and Buyer assumes
all risk of loss or damages upon Seller’s delivery to and receipt by a
common carrier. Carriers shall be responsible for goods lost or damaged
in transit and Buyer shall immediately notify the carrier in writing of
such loss or damage. At Buyer’s request Seller will offer its assistance.
THE PROPOSED SHIPMENT DATE IS AN ESTIMATE. UNDER NO
CIRCUMSTANCES SHALL SELLER HAVE ANY LIABILITY WHATSOEVER
FOR LOSS OF USE OR FOR ANY DIRECT OR CONSEQUENTIAL
DAMAGES RESULTING FROM DELAY REGARDLESS OF THE
REASON(S). Shortages or errors must be reported within fifteen (15)
business days from receipt of shipment to secure adjustment. No
merchandise may be returned without securing written approval from
Seller. Seller will notify Buyer promptly of any material delay and will
specify the revised delivery date as soon as practicable. Seller shall
not be liable for any delay in delivery or performance, or for any failure
to manufacture, deliver or perform due to (a) any cause beyond its
reasonable control; (b) any act of God, act of Buyer, act of civil or military
authority, governmental priority, strike or other labor disturbance, flood,
epidemic, war, riot, delay in transportation or car shortage; or (c) inability
on account of any cause beyond the reasonable control of Seller to obtain
necessary materials, components, services or facilities. In the event of
any such delay, the date of delivery or of performance shall be extended
for a period equal to the time lost by reason of the delay.
6. Technical Advice. All technical advice, recommendations and
services of Seller are intended for use by persons having adequate skill,
at their own risk, and Seller assumes no responsibility, and Buyer hereby
waives all claims against Seller, for results obtained or damages incurred
from the use of Seller’s advice, recommendations and services.
7. Modification. These Terms and Conditions are intended by Seller
and Buyer to constitute a final, complete and exclusive expression of
agreement and cannot be supplemented or amended without Seller’s
prior written approval. Seller’s waiver of any breach, or failure to enforce
any of the Terms and Conditions at any time, shall not in any way affect,
limit or waive Seller’s right thereafter to enforce and compel strict
compliance with every Term and Condition thereof. If any provisions of
these Terms and Conditions are held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability
of the other portions hereof.
8. Disputes. Buyer and Seller shall attempt in good faith promptly
to resolve any dispute arising under these Terms and Conditions by
negotiations between representatives who have authority to settle the
controversy. If unsuccessful, Buyer and Seller shall further attempt in
good faith to settle the dispute by nonbinding third-party mediation, with
fees and expenses of such mediation apportioned equally to each side.
Any dispute not so resolved by negotiation or mediation may then be
submitted to a court of competent jurisdiction in accordance with the
terms hereof. These procedures are the exclusive procedures for the
resolution of all such disputes between the parties. All sales, agreements
for sale, offers to sell, proposals, acknowledgments and contracts of
sale, including, but not limited to, purchase orders accepted by Seller,
shall be considered a contract under the laws of the State of Colorado
and the rights and duties of all persons, and the construction and effect
of all provisions hereof shall be governed by and construed according to
the laws of such state. A state or federal court located within the State
of Colorado shall have sole and exclusive jurisdiction over any litigation
concerning any such matters as well as any alleged defects of any
products or equipment covered thereby or damages sustained as a result
of such alleged defects. If any litigation is commenced between Seller
and Buyer, or their personal representatives, concerning any provision
hereof, the party prevailing in the litigation shall be entitled, in addition
to such other relief that is granted, to a reasonable sum as and for their
attorneys’ fees and costs in such litigation or arbitration.
STONEAGE TRADEMARK LIST
View the list of StoneAge’s trademarks and service marks and learn how
the trademarks should be used. Use of StoneAge trademarks may be
prohibited, unless expressly authorized.
http://www.StoneAgetools.com/trademark-list/
STONEAGE PATENT DATA
View the list of StoneAge’s current U.S. patent numbers and descriptions.
http://www.sapatents.com
TERMS AND CONDITIONS