Meadow Burke Products Terms and Conditions of Sale
1) All bills for services evidenced hereby and all parts, materials, and chattels furnished in connection therewith, whether past, present, or future are payable to Meadow Burke (hereinafter referred to as seller), at the remittance address indicated on the face of the invoice unless otherwise directed.
2) All federal, state or other taxes now hereafter imposed upon the services furnished hereunder or goods, chattels, parts, materials, or supplies in connection herewith, and for the processing, delivery, fabricating and transportation thereof, shall be for the account of the buyer and if paid or required to be paid by the Seller, the amount thereof shall be added to and become a part of the price payable therefore by the Buyer.
3) Terms are C.O.D., unless arrangements are made in writing with the Seller before orders are placed. Once credit has been established on terms mutually agreeable to the parties, these accounts are subject to continued review by the Credit Department of the Seller, and if in its opinion the financial position of the Buyer has so changed prior to completion of any order, the Seller may refuse to complete same or make delivery of any further work or materials pending modification of terms of payment. Buyer and Seller agree that such action on the part of the Seller shall not be a cause of incurring any liability for damages against the Seller.
4) Seller shall not be liable for delays in performance or completion of work or delivery of materials due to delays of carriers, delays in manufacturing, fabrication, acts of God, embargos, riots, civil commotion, government action or other causes beyond the Sellers reasonable control or for any direct or indirect losses due to any such causes.
5) All parties are on notice that these conditions and provisions cannot be varied, released or waived by any employee or agent of the Seller except by written instrument signed by a duly authorized officer of the Seller.
6) Past due accounts may be subject to a Finance Charge at the highest allowable legal rate under applicable law.
7) The Buyer agrees to pay reasonable attorney’s collection fees if the account is placed for collection, or if collected through suit or probate proceedings.
LIMITATION OF WARRANTY Seller warrants title and that all products sold hereunder shall conform to Seller’s specifications. Subject to the preceding sentence and except as otherwise explicitly stated herein. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS, whether used alone or in combination with other substances. LIMITATION OF LIABILITY BUYER’S EXCLUSIVE REMEDY FOR CLAIMS ARISING HEREUNDER SHALL BE FOR DAMAGES, SELLER’S SOLE LIABILITY FOR ANY AND ALL LOSES AND DAMAGES TO BUYER RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING SHORTAGE OR SELLER’S NEGLI-GENCE, BREACH OF WARRANTY, OF STRICT TORT LIABILITY IN RESPECT TO ALLEGED DAMAGED OR DEFECTIVE PRODUCTS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PART-ICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES ARE CLAIMED, OR AT THE ELECTION OF THE SELLER, THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS, IN NO EVENT, INCLUDING THE CASE OF A CLAIM OF SHORTAGE,NEGLIGENCE, BREACH OF WARRANTY, OR STRICT TORT LIABILITY, SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR SHALL SELLER BE LIABLE FOR ANY PRODUCT IN ALTERED OR MODIFIED FORM OR FOR THE MANNER OR METHOD OF INSTALLATION. All claims for freight allowances must be supported by paid freight bills. All Claims connected with the goods or their use, including those for alleged damages or defective products, shortage, negligence, breach of warranty, strict tort liability or anyother reason or cause whatsoever shall be deemed waived and release unless written notice of same is sent by Buyer within ten (10) days after Buyer’s receipt of goods provided, however that as to any claim arising out of alleged defects in the goods not reasonably discoverable within said ten (10) day period, all claims shall be deemed waived and released unless made in writing and actually received by Seller within one- hundred eighty (180) days after Buyers receipt of goods, or within fifteen (15) days after Buyer first learns of the facts giving rise to the claim, whichever shall first occur. Failure of Buyer to give notice of any claim within the applicable time period specified above shall be deemed an absolute and unconditional waiver and release of such claim, irrespective of whether the facts giving rise to such a claim shall have then been discovered. In the sole event that the Buyer’s purchase order is deemed to be an offer document, notwithstanding any; different or additional terms that may be embodied in Buyer’s purchase order, Buyer’s order is accepted only on the condition that Buyer expressly assents to the terms and conditions of sale set forth in sellers pricelist and those contained above and on the reverse side hereof. otwithstanding any contrary provisions in Buyer’s purchase order, Buyer’s failure to object within ten (10) days after receipt of goods shall constitute assent to said terms and conditions.