Terms and Conditions - Offer of Sale
The items described in this document are hereby offered by PressureLinks,
L.P. This offer and acceptance by any customer (“Buyer”) shall be governed by
all the following Terms and Conditions. Buyer’s order for any item shall
constitute acceptance of this offer.
1. Payment: Payment shall be made by Buyer net 30 days from the date of delivery
of the items purchased. Amounts not timely paid shall bear interest at the rate
of 1-1/2% for each month or portion thereof that Buyer is late in making
payment.
2. Delivery: Unless noted, delivery shall be F. O. B. Seller’s location. Any
delivery dates shown are approximate only and Seller shall have no liability for
delays in delivery. Items not delivered within one week of promised delivery
date may be cancelled by Buyer without any obligation.
3. Warranty: Seller warrants that items shall be free from defects in
workmanship for a period of 1 year from delivery to Buyer. This warranty
comprises the sole and entire warranty. Seller makes no other warranty,
guarantee, or representations of any kind whatsoever including merchantability
and fitness for purpose.
4. Limitation of Remedy: Seller’s liability arising from or in any way connected
with the items sold shall be limited exclusively to repair or replacement of the
items sold, or refund of purchase price, at Seller’s sole option. In no event
shall seller be liable for any incidental, consequential or other damages of any
kind or nature whatsoever.
5. Indemnification for infringement of Intellectual Property Rights: Seller
shall have no liability for infringement of any patents, trademarks, copyrights,
trade dress, trade secrets or similar rights for items sold based on Buyer’s
information or based on Buyer’s design. Buyer shall defend and indemnify Seller
for all costs, expenses or judgments resulting from any claim.
6. Order changes and cancellation: Seller will promptly respond to any Buyer
request for order changes and cancellations as to minimize costs to Buyer. Buyer
shall be responsible for Seller’s costs and reasonable profit for order changes
and cancellations. If an acceptable agreement cannot be reached, Seller shall
complete items to original order and Buyer shall be responsible for original
order purchase price.
7. Entire Agreement: These terms and conditions, unless modified in writing and
accepted by Seller, shall represent the entire Agreement pertaining to the
purchased items. |
