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Quickie Tie-Down Enterprises Inc.
TERMS & CONDITIONS OF SALE
PRICES:
All prices are FOB, out of our plant in Mesa, AZ.
TERMS:
Per price list,
all invoices levels 1 thru 3 are due within the (30) days after the
invoice date.
Levels 3 and 4 invoices are 2% 10 Net 30. To
qualify for the 2% discount payments must be postmarked on or before ten
days of invoice date regardless of date on the check. A late charge of 1.5% per month may be assessed to delinquent accounts
until paid in full including late fees
(See Collection).
FREIGHT:
Freight is allowed and prepaid
as follows: $500.00 ($2000.00 Alaska & Hawaii) on a carrier of our
choice. Quickie Tie-Down Enterprises Inc. will not split orders
once placed. NOTE: COD shipments will not be prepaid. If damage or shortage occurs during shipment, customer
should immediately file a claim with the appropriate carrier. Quickie
Tie-Down Enterprises, Inc. bears no responsibility for discrepancies not
claimed within 5 days of receipt of order.
ACCEPTANCE: Prices, terms, conditions
and specifications are subject to change without notice. Acceptance by
Quickie Tie-Down of any orders is expressly conditioned on Buyer's
agreement to the items contained herein. These terms constitute the
final and entire agreement between the Buyer and Quickie Tie-Down,
superseding any other oral or written agreements. Terms and conditions
printed on the Buyer's order will not be recognized where they differ
from the terms and conditions provided by Quickie Tie-Down.
LIABILITY:
In no event shall Quickie Tie-Down be liable for consequential,
incidental, direct, or special damages arising directly or indirectly,
in respect to such tools or the use or failure thereof, whether based on
breach of warranty, negligence, strict liability in tort or otherwise.
Buyer's sole and exclusive remedy for any loss incurred hereunder or
consequent hereto shall be a refund of the selling price. It is further
agreed and understood that the price of the equipment identified is
consideration for limiting Quickie Tie-Down's liability.
INDEMNIFICATION: Buyer agrees to indemnify, hold harmless, and
defend Quickie Tie-Down from and against all liability and expenses
based upon bodily injury, property damage, or economic loss arising,
directly or indirectly, in respect of such goods or use, failure, or
transportation thereof, as are caused by the neglect acts or omissions by
the Buyer or the Buyer's agent.
JURISDICTION:
This agreement shall be governed and construed in accordance with the
laws of the State of Arizona. Buyer's order is deemed accepted in Mesa,
Arizona. If any provision of this agreement shall be held invalid,
illegal, unenforceable, or inoperative, the balance of the agreement
shall remain in full force and effect as if such provision had not been
included.
COLLECTION:
Buyer shall make payments
without expense to Quickie Tie-Down Enterprises Inc. and shall pay any
reasonable attorney's fees and other costs of collection incurred by
Quickie Tie-Down Enterprises Inc. to pay invoice when due or to accept
any shipment as scheduled, or should Quickie Tie-Down Enterprises Inc.
know or have cause to believe that Buyer is, or will be, unable to
discharge Buyer's obligations, Quickie Tie-Down Enterprises Inc. may
without prejustice to other remedies recall, countermand, or divert any
shipment to Buyer and revest title in Quickie Tie-Down Enterprises Inc.
, defer further shipments, and/or terminate this agreement.
RETURNS:
Return is limited to the defective units only. No need to
call for authorization. Write your reason for the return and mail
post paid to the address below. No other warranty is expressed or
implied by Quickie Tie-Down Inc. Freight must be prepaid to our
factory. Credit will be issued on price or on current value,
whichever is lower at the time of the return. |