Terms and Conditions
Sale Will Be On The Following Terms And Conditions:
1. Inspection: Buyer agrees to inspect the equipment on receipt of equipment and notify the seller of any nonconforming equipment or damage within 8 hours of receipt. If Buyer does not provide such inspection and notification, then the Buyer waives his right to reject or revoke equipment
2. Warranty: The Equipment is sold with above warranty. Seller makes NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, OR SAMPLES PREVIOUSLY SUPPLIED. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED OR CLAIMED TO BE INCURRED BY BUYER.
3. Taxes: Prices do not include applicable sales, excise, use, value added or other taxes, duties or fees now in effect or hereafter levied which Seller may be required to pay or collect in connection with the sale of goods to the Buyer, whether or not expressly set forth herein or in any quotation furnished with respect to the Equipment. Buyer shall promptly pay all such taxes, duties and fees to Seller upon demand. Duties and fees include, but are not limited to, applicable customs duties and custom broker charges.
4. Offer: This offer is expressly limited to the terms hereof. The terms of this offer may not be modified or altered unless such modification is in writing, signed by Seller. Any additional or different terms purposed by Buyer are hereby rejected and will be of no effect upon Seller unless expressly agreed to in writing by authorized representative of Seller.
5. Acceptance of Terms: Buyer shall be deemed to have accepted the terms of this offer by signing below or by ordering the Equipment from Seller.
6. Security Interest: Buyer grants Seller a security interest in the Equipment to secure payment in full of the purchase price. Seller may perfect its security interest by filing a financing statement signed only by Seller as attorney in fact for Buyer.
7. Title and Risk of Loss: Unless otherwise specified, the Equipment shall be delivered to Buyer F.O.B. shipping point. Title to goods shall pass to the Buyer upon delivery at the F.O.B. point. Unless otherwise stated on the invoice, all shipping costs shall be billed to Buyer. Buyer unless otherwise arranged shall be required to bear all risk of shipping damage. If Seller arranges for the shipping, Buyer indemnifies Seller against any claim which may arise from damage due to shipping damage.
8. Governing Law: The laws of the state of Georgia shall govern the enforcement and interpretation of this Agreement and all other issues concerning the sale contemplated herein. Buyer consents to the jurisdiction of Indiana courts and further agrees that the exclusive venue for any matter relating to payment for the Equipment shall be in the courts of Chatham County , Georgia.
9. Default: If Buyer fails to make timely payment of all amounts due Seller, Seller may recover, in addition to the balance due of the purchase price, all of its incidental and consequential damages caused by Buyer’s breach, including all fees paid to collection agencies, attorney’s fees, and costs of collection.
10. Entire Contract: This Agreement constitutes the entire contract between Buyer and Seller concerning the Equipment.
11. Legal Fee’s: Seller is entitled to collect, from Buyer, all legal fees, court cost and collection expense related to any breach of this contract.
12. Expiration Period: Upon acceptance of all terms and conditions in this contract, and signing below, Buyer has 30 days to complete full payment for this equipment described in this agreement