Schedule A - TERMS AND CONDITIONS – Resale Sales
Transfer of Title: Title to the goods purchased hereunder shall
not pass when identified to this contract.
Title to goods shall remain in seller until seller receives full payment
of the purchase price from buyer. Where
payment is made by check, title to goods shall remain in seller until the
checks are negotiated and the seller actually receives funds.
Right of Resale:
In the event of any breach or repudiation by buyer, sell may resell the goods identified
for sale to buyer which have not already been delivered to buyer, together with
any goods reclaimed by seller or as to which seller may agree to accept return,
at one or more public or private sales, at wholesale or otherwise, and recover
from buyer the amount by which the price Established in this contract exceeds
amounts so received, together with all incidental damages occasioned by the
default of buyer. Buyer shall indemnify
seller from any and all liability associated with or arising from such sale.
Risk of Loss: The risk of loss or damage to the goods shall be borne by seller
until the goods are delivered to a common carrier properly packaged for
transportation. Provided, however,
where seller provides delivery of the goods itself, risk or loss shall pass to
buyer when buyer receives the goods.
Delivery: Seller reserves the right to make delivery in several lots, and
all such lots shall be separately invoiced and paid for when due, without
regard to subsequent deliveries. Delay
in delivery of any lot shall not relieve buyer of its obligation to accept
remaining deliveries.
Buyer’s Right of Rejection: Within 10 days after tender of delivery to
or receipt by buyer of any shipment and before any part of the goods (except
for reasonable test and inspection of quantities) has been changed from its
original condition buyer shall inform seller in writing if the goods are found
defective of short in any respect.
Failure to inform or use the goods (except for reasonable test and
inspection of quantities) shall be conclusive that seller has satisfactorily
performed.
Damages:
In the event of breach of warranty, seller shall repair and replace
non-conforming goods or parts. This
shall be buyer’s sole remedy for breach or warranty. Buyer is not entitled to recover incidental or consequential
damages in connection with any breach of this contract by seller. Buyer assumes all risk and liability for
loss, damage or injury to persons or property of buyer or others Arising out of
use or possession of the goods sold hereunder.
Choice of Law: All purchasers and orders
are bound by the laws of the State of the source and consent to the
jurisdiction of the District and/or Circuit Court for source of goods. If the goods are removed from the State of
source with or without consent of seller, to any other state or nation, the
recovery of the goods as provided in this agreement or by the laws of the State
of the source or by the laws of the state or nation where the goods are located
at the time of recovery.
Exclusion of Parole and Extrinsic
Evidence: This writing is intended as
the final expression of the agreement of the parties and parole or extrinsic
evidence is inadmissible to explain, vary or contradict the express terms
hereof.
- Note - Should you have any questions concerning your
quotation, offer, proposal or terms or wish to order, please call 1-509 796-2599. If you
prefer email the company using contact link on the web page. Thank you.
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