Terms and Conditions
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Our Company unless made in writing and signed and approved by an officer or other authorized person at Our Company. No modification of any of these terms shall be modified by Our Company's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
3. SUBSTITUTION - Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company .
4. TRANSPORTATION - Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
5. PACKING - Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer.
6. TAXES - Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer.
7. TITLE AND RISK OF LOSS - Any claims by Buyer against Our Company for shortage or damage must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed.
8. RETURN OF PRODUCTS - Goods cannot be returned, and orders once accepted by Our Company cannot be canceled, except upon the written approval of Our Company. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by Our Company . Customers returning goods are responsible for freight charges.
9. FORCE MAJEURE - Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which YILIDA Company deems fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause.
10. WARRANTY - All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassign able and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness.