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1.
Acceptance of Terms and Conditions.
Receipt of these
Terms and Conditions of Sale (“Terms and Conditions”) shall
operate as the acceptance by StoneAge, Inc. (“Seller”) of the
order submitted by the purchaser (“Buyer”). Such acceptance
is made expressly conditional on assent by Buyer to these
Terms and Conditions. Such assent shall be deemed to have
been given unless written notice of objection to any of these
Terms and Conditions (including inconsistencies between
Buyer’s purchase order and this acceptance) is given by Buyer
to Seller promptly on receipt hereof.
Seller desires to provide Buyer with prompt and efficient
service. However, to individually negotiate the terms of each
sales contract would substantially impair Seller’s ability to
provide such service. Accordingly, the product(s) furnished
by Seller are sold only according to the terms and conditions
stated herein and with the terms and conditions stated in any
effective StoneAge Dealer Agreement or StoneAge Reseller
Agreement, if applicable. Notwithstanding any terms and
conditions on Buyer’s order, Seller’s performance of any
contract is expressly made conditional on Buyer’s agreement
to these Terms and Conditions unless otherwise specifically
agreed to in writing by Seller. In the absence of such
agreement, commencement of performance, shipment and/or
delivery shall be for Buyer’s convenience only and shall not be
deemed or construed to be an acceptance of Buyer’s terms
and conditions.
2.
Payment/Prices.
Unless other arrangements have been
made in writing between Seller and Buyer, payment for the
product(s) shall be made upon receipt of invoice. The prices
shown on the face hereof are those currently in effect. Prices
invoiced shall be per pricelist in effect at the time of shipment.
Prices are subject to increase for inclusion of any and all taxes
which are applicable and which arise from the sale, delivery
or use of the product(s), and the collection of which Seller
is or may be responsible to provide to any governmental
authority, unless acceptable exemption certificates are
provided by Buyer in accordance with applicable law. Buyer
shall pay all charges for transportation and delivery and all
excise, order, occupation, use or similar taxes, duties, levies,
charges or surcharges applicable to the product(s) being
purchased, whether now in effect or hereafter imposed by any
governmental authority, foreign or domestic.
3.
Warranty.
SELLER MAKES NO WARRANTIES OR
REPRESENTATIONS AS TO THE PERFORMANCE OF ANY
PRODUCT EXCEPT AS SET FORTH IN THE STONEAGE
LIMITED WARRANTY PROVIDED WITH THE PRODUCT.
4.
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. The proposed shipment
date is an estimate. Seller will notify Buyer promptly of any
material delay and will specify the revised delivery date
as soon as practicable. 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).
All product(s) will be shipped F.O.B. point of origin, unless
specifically agreed otherwise, and Buyer shall pay all shipping
costs and insurance costs from that point. Seller, in its sole
discretion, will determine and arrange the means and manner
of transportation of the product(s). Buyer shall bear all risk
of loss commencing with the shipment or distribution of the
product(s) from Seller’s warehouse. Order shortages or errors
must be reported within fifteen (15) business days from receipt
of shipment to secure adjustment. No product(s) may be
returned without securing written approval from Seller.
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