PRICE SUBJECT TO CURRANCY MARKET CONDITIONS:
Quotation based upon current inventory prices. All prices subject to change at time of order; because, of the nature of the product, the daily fluctuation in the Dollar to Euro, transportation, and raw material costs.
TERMS AND CONDITIONS:
The goods and services covered by this quotation form are being quoted only in accordance with the terms and conditions contained herein including the terms and conditions which are printed on the reverse side hereof. The buyer waives all the terms and conditions contained in its printed order or other forms which are inconsistent with those contained herein and all such inconsistent terms and conditions contained in the buyer’s printed form or forms will be null and void and of no effect. All proposals, negotiations, and representations, if any, regarding this transaction and made to the date of this acknowledgement are merged herein. The terms set forth herein constitute the sole terms and conditions of the contract between seller and buyer. No other terms conditions or understanding whether oral or written, shall be binding upon the seller unless hereafter made in writing and signed by the seller’s authorized representative. The goods and services covered by this agreement are being sold only in accordance with the terms and conditions contained herein. Buyer waives all terms and conditions contained in its purchase order or other forms which are inconsistent with those contained herein and on the reverse side hereof and all such inconsistent terms and conditions contained in the buyer’s printed form or forms shall be null and void and of no effect. Any agreement so made shall be governed by the laws of the State of Indiana including, but not limited to, the Indiana Commercial Code.
1. PRICE: The prices quoted herein are null and void after 60 days and the seller reserves the right to accept or reject any order. If a delivered price has been quoted, any charges at destination for handling, storage and other accessorial services shall be borne by buyer and any increase or decrease in transportation charges shall be added to the quoted price. Seller reserves the right to correct any obvious errors in specifications or prices.
2. TAXES: All taxes which the Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the apparatus covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the buyer who shall properly pay the amount thereof to the seller upon demand.
3. DELAY: The seller shall be excused for any delay in performance due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine, restrictions, mill conditions, strikes, terrorism, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, or any circumstances or cause beyond the control of the seller in the reasonable conduct of its business.
4. TERMS OF PAYMENT: Payment in Advance. Unless otherwise expressly provide herein, payment shall be due 30 days from the date of each invoice. Interest shall be charged at the rate of 1.7% per month (20.4% per annum) starting thirty days after the date of the invoice.
5. CANCELLATION: This order may be cancelled by the purchaser only upon the expressed written consent of the seller and upon payment to the seller of all expenses and charges incurred by the seller to the date of cancellation.
6. STATUE OF LIMITATIONS: Any action for breach of this contract whether founded in contract, tort, strict liability or any other theory must be commenced within on year after the cause of action shall accrue, and no such action bay be maintained which is not commenced within such period.
7. WARRANTIES: Also refer and include in this warranty are Brenco Exotic Woods Solid Pre-Finish Hardwood Flooring Installation, Care and Warranty Guide, Brenco Exotic Woods Prefinished Engineered Hardwood Flooring Warranty, Brenco Exotic Woods Prefinished Solid Wood Flooring Warranty, and Brenco Exotic Woods Special Instructions for Installations over Radiant Heat Systems. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE ARE EXCLUDED FROM THIS CONTRACT. THERE ARE NO WARRANTIES WHETHER EXPRESS OR IMPLIED, EXCEPT THAT ALL THE COODS SHALL CONFORM TO THER DESCRIPTION ON THE FACE HEREOF, SUBJECT TO TOLERANCES AND VARIATIONS PERMITTED HEREUNDER.
8. TOLERANCES AND VARIATIONS: All goods shall be subject to tolerances and variations consistent with usual trade practices regarding dimension, straightness, section, composition, moisture, color, Photosensitivity, and mechanical properties and normal variations in surface and internal conditions and quality and shall also be subject to deviations from tolerances and variations consistent with practical testing and inspection methods.
9. BUYER’S REMEDIES: The buyer’s exclusive and sole remedy for breach of contract as to any goods and the seller’s only liability for any such breach shall be replacement or repair of such goods, as stated above, or repayment to the buyer of the purchase price, not including interest, paid by buyer for such goods, whichever such remedy seller shall select; and if seller elects to repay the purchase price, excluding interest, or any such goods and so advises buyer, buyer must immediately return such goods to seller. In no event will seller be liable for incidental or consequential damages other then personal injury damages proximately caused by seller’s negligence.
10. EFFECT OF BREACH: In the event buyer breaches this contract the seller shall be entitled to interest of 1 ½% per month to date of judgment, cost and reasonable attorney fees.
11. RISK OF LOSS: THE RISK OF LOSS FOR ALL GOODS SHALL BE ON THE BUYER AT ALL TIMES AND IT IS THE DUTY AND/OR OBLIGATION OF THE BUYER TO CARRY INSURANCE AND PAY ALL PREMIUMS FOR SAID INSURANCE CONCERNING THE GOODS. THE SELLER SHALL ONLY BE RESPONSIBLE FOR DAMAGES TO THE GOODS WHILE IN THE SELLER’S CONTROL THAT WAS PROZIMATELY CAUSED BY SELLER’S NEGLIGENCE.
12. ASSURANCES: Where grounds for insecurity arise with respect to the buyer’s performance and/or payment for the goods the seller may demand in writing adequate assurances and may suspend all performances until he receives such assurances. Failure to respond with written assurances within 30 days constitutes repudiation of the contract by the buyer.
13. SERVABILITY: Every on of the terms and conditions is hereby declared to be independent of, and severable from the rest of the terms and conditions and of and from every other one of the terms and conditions and of and from every combination of the terms and conditions. Therefore, if any of the terms and conditions shall be held to be invalid or be invalid or to be unenforceable, that holding shall be without effect upon the validity or enforceability of any other one of the terms and conditions.