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AGBs USA |
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GENERAL TERMS AND
CONDITIONS DELIVERY - The
equipment is sold F.O.B. Shipping point. Risk
of loss shall be on Buyer after delivery to carrier.
All transportation charges will be borne by Buyer.
Any taxes assessable after delivery to the carrier shall be borne by
Buyer. Buyer shall not deal with
the products or technical data in violation of the U. S. export administration
and other applicable regulations. VENUE – Venue
on this agreement shall be in California and any actions brought with respect to
or for enforcement of this agreement, brought by either Buyer or Seller, shall
be brought in the Courts of Napa County, California, and Buyer hereby agrees to
and accepts that he has been doing business in the State of California for
purposes of this agreement and that California holds personal jurisdiction over
him. This agreement shall be
governed in all respects by California law and procedure.
This agreement shall prevail notwithstanding any variance with the terms
and conditions of any order or agreement submitted by Buyer. WARRANTIES
– Seller warrants that the equipment provided hereunder will conform to the
description stated herein, (subject to tolerances and variances consistent with
current trade practices and practical testing and inspection methods); that title thereto will be unencumbered (except as may be
caused by Buyer); and that Seller will repair or replace any non-conforming or
defective equipment, or credit Buyer’s account in full at the discretion of
Seller, providing Buyer notifies Seller thereof within ten (10) days of delivery
to Buyer of any such defect or non-conformity.
This is Seller’s sole warranty and obligation with respect to the
equipment furnished hereunder. SELLER
MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH
EXCEED THE AFORESAID OBLIGATION ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED
FROM THIS CONTRACT. LIMITATIONS OF LIABILITY
– Buyer’s exclusive remedy against Seller
for any damages suffered by Buyer in connection with the equipment and arising
out of this transaction shall be for breach of contract, and Seller’s
liability in this regard shall be limited to repair or replacement of
non-conforming or defective equipment or repayment of the purchase price paid
therefore by Buyer, as Seller may in its sole discretion elect.
Because the price herein makes no provision for such risk, Seller shall
in no event be liable to Buyer for any special or consequential damages
including, but no limited to, lost profits, good will, loss of time,
inconvenience or commercial loss. Seller
shall not be liable for any loss or damage, including any special or
consequential damages, due to delay resulting from any cause beyond Seller’s
reasonable control, including, but not limited to Acts of God, fires, the
elements, accidents, strikes or other labor difficulties, wars, riots or
national emergencies, embargoes, governmental acts, regulations or requests,
priorities of any kind, shortages of energy, fuel, supplies, delays by
transportation companies, or delays in obtaining equipment from usual sources of
supply. PAYMENT – Payment shall be made in full under this agreement. Should the Buyer fail to pay the full amount, he shall be deemed to be in default. In the event of default, Buyer agrees to pay all the Seller’s attorney’s fees and any other costs incurred as a result of collecting the purchase price. |
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