SALES POLICY
- ACCEPTANCE:
All orders are subject to acceptance by a duly authorized representative of Seller. - CONTINGENCIES:
Seller shall not be responsible for any delay or failure to perform due to causes beyond its reasonable control. These causes shall include, but shall not be restricted to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, war rebellion, labor disputes, labor shortages, transportation, embargoes, or failure or delays in transportation, inability to secure raw materials or machinery for the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, acts of any state or local government or agency thereof, and judicial action. Similar causes shall excuse Buyer for failure to take goods ordered by Buyer, other than those already in transit, or those especially fabricated and not readily salable to others. - LIMITED WARRANTY AND REMEDY:
Seller warrants products of its own manufacture against faulty workmanship or the use of defective materials for a period of eighteen (12) months from the date of sale by Seller to Buyer. This warranty is the only warranty made by Seller, and is in lieu of all other warranties, expressed or implied, except as to title. The liability of Seller under this warranty is limited solely to replacing, repairing or issuing credit (at Seller’s discretion) for any products which are returned by Buyer during the warranty period provided that
(a) Seller is promptly notified in writing upon discovery of such defects by Buyer
(b) the defective product is returned to Seller, transportation charges prepaid by Buyer, and
(c) Seller’s examination of such product shall disclose, to its satisfaction, that such defects have not been caused by routine wear and tear, misuse, neglect, improper installation, repair, alteration or accident.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTIAL, INDIRECT OR CONSEQUENTIAL LOSS, EXPENSE, DAMAGE, LOSS OF PROFIT, LOSS OF USE WHATSOEVER EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ANY WARRANTY, CONDITION OR OBLIGATION OF THE SELLER, WHETHER STATUTORY OR OTHERWISE, REGARDING ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FITNESS FOR PURPOSE OR MERCHANTABILITY, IS HEREBY EXPRESSLY EXCLUDED BY THE PARTIES. - FINANCIAL CONDITION:
Seller may cancel this order if, in Seller’s sole judgement, Buyer’s financial condition does not justify the terms of payment specified, in which case, Seller may cancel any unfilled orders unless Buyer shall, upon written notice, immediately pay for all goods delivered or shall pay in advance for all goods ordered but not delivered, or both, at Seller’s option. - CANCELLATION:
Orders may be cancelled at any time subject to a cancellation charge determined by A-Smart Solutions - INSPECTION:
The Buyer shall inspect goods within five (5) working days of receipt of title thereto, and where Buyer fails to inspect the goods within that time, or having inspected the goods within that time, or having inspected any goods, fails to notify Seller of any deficiency or defect within 30 working days of transfer of title to the Buyer, Buyer shall be deemed to have inspected and approved the goods and shall have no claim for damages or other compensation in respect of any damage to or discrepancy in the goods supplied.