By purchasing from us, you agree to these Terms Of Sale. No other terms shall apply except as agreed in writing signed by us. Any terms different than these Terms Of Sale contained in a purchase order are rejected.
PRICES; PAYMENT: Prices, title and risk of loss are F.O.B. our warehouse unless stated otherwise in contract or order confirmation. Prices do not include taxes, duties, or shipment and may be changed without notice. Payment is due within 30 days of shipment.
RETURNS: If shipment appears damaged, do not pay freight unless damage is marked on bill by carrier. Do not discard original packaging. Contact us for return instructions.
LIMITED WARRANTY: Seller did not manufacture this product. Seller’s only warranty is to furnish the warranty made available to buyer by seller’s manufacturer for any item proved defective in material or workmanship. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Enforcing any warranty provided by the manufacturer is your exclusive remedy.
LIABILITY: SELLER SHALL NOT BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES. In no event shall Seller’s liability exceed the purchase price of the defective component.
INTEGRATION CLAUSE: These Terms Of Sale and our Order Confirmation contain the entire agreement with you. All prior or contemporaneous agreements, statements and communications are superseded by the terms contained in our Order Confirmation and these Terms Of Sale. No one on behalf of seller has any authority to make representations and warranties that contradict or add to the terms of our Order Confirmation and these Terms Of Sale. Our Order Confirmation and these Terms Of Sale can only be modified in a writing signed by the parties.
LIMITATIONS: Any suit for any claim arising out of this sale must be filed within one year of the delivery of the product to buyer. Any lawsuit filed more than one year after the delivery of the product shall be void. Buyer should notify seller of any claim of defect in workmanship or materials promptly upon discovering same so that seller may advise the manufacturer who shall provide any warranty or remedy. Buyer shall state specific details of the defect, cooperate with the seller in any investigation, reserve and provide access to the defective product, provide access to any reports concerning same and the employees and witnesses having knowledge of the defect. Should buyer refuse to cooperate in any material manner, buyer shall be barred from any remedy.
Our Order Confirmation and these Terms Of Sale shall be governed by and construed and interpreted according to the internal law (not the law of conflicts) of the State of Missouri.