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Price and Payment Terms. The prices for Products and discounts available shall be as reflected on this website. Except as otherwise agreed in writing, payment terms is 30 days net with approved credit. Payments not made when due shall be subject to a late charge accruing from the due date at a rate equal to the lesser of eighteen percent (18%) per annum or the maximum rate allowed by law, which shall be paid by Buyer to Seller upon demand. Buyer shall pay $25 for checks returned non-sufficient funds. Buyer shall pay $10.00 for C.O.D. deliveries.
Delivery. Except as otherwise agreed in writing, title and risk of loss shall pass to Buyer upon delivery by Seller at Seller's facility and Buyer shall be solely responsible for insuring the Products after such delivery. Orders less than $200 (after any discounts) will be charged $8.50 for shipping and handling. Orders over $200 (after any discounts) shall be shipped freight free. All storage, insurance or other costs of shipment and all taxes, duties or other fees or charges, if any (including any sales, use or value-added taxes and import duties on the Products, if any) shall be paid by Buyer. Orders accepted by Seller by noon (local time of Buyer) will ship same day (Hawaii by 9 a.m.), standard two-day delivery (not applicable to display orders which require additional delivery time), LTL based on distance. Shipping and delivery times given by Seller are estimated and shall not constitute any obligation to deliver at the times stated. Seller shall not be responsible for the coverage afforded by any insurance, for the reasonableness of any freight, insurance or other charges incurred for Buyer's account or for any other matters relating to the shipment of Products and Seller shall be deemed to be authorized by Buyer to arrange for such carriage, routing and insurance and to incur such charges in connection therewith as Seller, in its sole discretion, deems reasonable under the circumstances. Any transfer by Buyer of Product shall be at Buyer's sole risk, cost and responsibility.
Product Returns. Product returns shall be governed by this paragraph unless otherwise agreed by Seller. Buyers must obtain return authorization prior to sending any Product back for exchange or credit. Product returns must be within 60 days of invoice date and must be accompanied with a copy of the invoice and a Return Authorization Number obtained from Seller by calling 1-800-931-1709. Products beyond their "Best By" date may not be returned for credit or exchange. Buyer will be charged 15% of the purchase price of the returned Product. Product should be sent UPS or FedEx (due to irradiation processes now being used by the US Postal Service). Seller reserves the right to refuse a refund if there is suspicion of fraud or abuse in any part of Seller's return program.
Warranty and Disclaimer. Seller warrants that the Products will conform to Seller's published product specifications in effect on the date of delivery. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, AND TO THE EXTENT ALLOWED BY LAW, SELLER EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILLITY, FITNESS FOR USE OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW A SELLER DISCLAIM IMPLIED WARRANTIES, SELLER'S DISCLAIMER IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Defective Products; Exclusive Remedy. Notwithstanding anything to the contrary, Seller's sole obligation and Buyer's exclusive remedy as to any defective Product shall be to either replace such Product or refund the purchase price of such Product, at Seller's option. For purposes hereof, a Product will be considered "defective" only if such Product does not conform to Seller's published specifications in effect on the date of delivery.
Limitation on Liability. IN NO EVENT WILL SELLER BE LIABLE, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS SALE, FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF USE, WHETHER IN AN ACTION OF CONTRACT OR TORT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SELLER'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Force Majeure and Allocations. No failure or delay in the performance of the obligations of Seller or Buyer under this Agreement shall be deemed a breach or create any liability to a party if the same is due to any cause or causes beyond the control of the other party. In the event of any such failure or delay in making delivery or other nonperformance on the part of Seller, Seller shall have the right to cancel or defer performance under this Agreement and to allocate supplies of Products between its customers in its complete discretion without liability.
Severability and Entire Agreement. If any provision of this Agreement is held illegal or otherwise unenforceable, that provision will be severed from this Agreement and the other provisions will remain in full force and effect. This website contains all the terms and conditions of this sale. Additional terms on any Buyer form are objected to and rejected and shall be deemed a material alteration hereof.
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