1. BUYER’S ASSENT TO TERMS AND CONDITIONS
Seller hereby objects to and rejects any and all different or additional terms or conditions contained in any order submitted to Seller by or on behalf of Buyer unless specifically agreed to in writing. Under no other circumstances are any such different or additional terms to be considered a part of this Agreement. No representative or agent of Seller has any authority to make any different or additional representations or warranties on behalf of Seller.
2. ACCEPTANCE
Buyer’s orders are subject to acceptance by The Gripper Gasket Co.
3. PRICES
Prices are subject to change without notice. All orders are accepted subject to Seller’s price in effect at time of shipment unless otherwise agreed to by Seller in writing.
4. PAYMENT
Unless otherwise agreed to in writing, terms of payment are net 30 days from invoice date. Any past due amounts will be subject to a finance charge of 1.5% per month or the highest lawful rate, whichever is less, until paid.
5. INSPECTION AND ACCEPTANCE
Buyer at its expense shall inspect the Goods immediately upon receipt at the Shipping Address and , within 14 days of such receipt, give Seller a full and final written statement of all purported non-conformances and defects. If Buyer fails to give written notice within the 14-day period, Buyer shall be deemed to have irrevocably accepted the Goods. Goods may not be returned, and will not be accepted by Seller without Seller’s prior written approval.
6. CANCELLATION
Orders are non-cancelable and Buyer shall not be relieved from any obligation under this Agreement without Seller’s prior written consent. In the event of Buyer’s default hereunder, Seller has the right to immediately cancel this Agreement, stop work, refuse to ship or stop delivery of any Goods, recover any losses or damages incurred by Seller as a result thereof, as well as seek any other remedy provided by law.
7. CLAIMS/WARRANTIES
Seller will not allow any allowances, deductions or returns of products except by written permission of Seller. Seller shall not be liable to nor indemnify Buyer or any third parties for any claims, losses, labor, expenses or damages, direct or consequential, resulting directly or indirectly from the performance of this order or the use of, or inability to use, the products sold hereunder, including, without limitation, loss of profits because of increased operating costs, loss of production or shutdown of operation or otherwise and liabilities, claims and damages because of personal injury, death or property damage. Notwithstanding the foregoing, products proving defective in material and/or workmanship will be repaired or replaced, or, at Seller’s option, credit will be allowed for the original price thereof, provided written claim in respect of such products is made by Buyer as instructed herein. The foregoing is expressly in lieu of any other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and of any other obligations or liability on the part of the Seller.
8. LOSS OR DAMAGE IN TRANSIT
In case of loss or damage in transit or failure to receive shipment within a reasonable time, the consignee must immediately notify in writing the carrier’s agent at destination and Seller. This action is necessary in order to preserve the right to damage from the carrier and to substantiate formal claim when presented. Title and risk of loss pass to Buyer upon delivery of products to Buyer or to carrier at shipping point. Seller shall not be liable for any damage, loss or expense resulting from anything occurring during, or attributable to, transportation.
9. GOVERNING LAW
The construction, interpretation and performance of this Order and all transactions hereunder shall be governed by the law of the State of Tennessee, including the Uniform Commercial Code.
© 2002, The Gripper Gasket Co. LLC all rights reserved.
