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CONDITIONS OF SALE.
OFFER AND ACCEPTANCE. The Buyer may submit, accept or confirm orders using any document; provided, however that no terms or conditions therein apply. Only these standard terms and additional terms set forth by Fiberglass Coatings Inc. (FGCI) shall govern the resulting sale. FGCI shall not be deemed to have waived this provision if it fails to object to conditions the Buyer may have presented. Buyer’s acceptance of products called for in either a sales contract or a purchase order accepted by FGCI shall constitute Buyer’s acceptance of these standard terms and conditions of sale.
TITLE AND RISK OF LOSS. Title to the product and risk of loss pass to the Buyer when the products are delivered to the Buyer. However, if an independent carrier is utilized, then title and risk of loss pass when the product is loaded for delivery to Buyer (or delivered to Buyer’s carrier at the shipping point).
PAYMENT. FGCI quoted payment terms apply to this order. Buyer shall reimburse FGCI for all taxes, excise fees, and other charges which FGCI is required to pay any government regarding the sales, production, and transportation of the products.
DELIVERY. No delivery shall be deemed late if shipment is made within ten days after any specified date of delivery. Materials varying not more than 10% in weight or quantity shall be deemed to be in compliance with the parties contract.
FORCE MAJEURE. The duty of FGCI and Buyer to perform obligations hereunder is suspended for the length of time of any Act of God, fire or explosion, strike or other labor trouble, unavailability of transport, injunction or other legal impediment, war or other conflict, terrorism, or any other circumstance beyond its control. However, the duty of the Buyer to pay for goods already received is never suspended.
ALLOCATION. If FGCI is unable to produce enough product to fill the orders of all its customers, then FGCI may allocate its product among those customers in a manner it deems fair and reasonable based upon all relevent factors. In such an event, FGCI shall not be liable to Buyer for failure to fulfill Buyer’s full order (or for any other matter related to the allocation).
JURISDICTION AND VENUE. In the event that FGCI commences suit against Buyer in connection with any extension of credit hereunder. Buyer hereby CONSENTS to both (i) the PERSONAL JURISDICTION over it of the federal and state district courts located within the State of Florida, and (ii) Pinellas County, Florida shall be proper VENUE for any litigation involving this agreement.
FORUM SELECTION. In the event that Buyer commences suit against FGCI, in connection with FGCI’s products or any other matter of any kind, Buyer (i) agrees to commence that suit in a court described in Jurisdiction and Venue above, and (ii) waives the right to commence that suit an any other jurisdiction.
MODIFICATION. Any attempt to modify the provisions hereof shall be void, and of no force or effect, unless the modification is in writing and signed by an authorized representative of FGCI.
GOVERNING LAW. Fiberglass Coatings, Inc. is a Florida corporation whose principal business office is located in St. Petersburg.
TITLE AND RISK OF LOSS. Title to the product and risk of loss pass to the Buyer when the products are delivered to the Buyer. However, if an independent carrier is utilized, then title and risk of loss pass when the product is loaded for delivery to Buyer (or delivered to Buyer’s carrier at the shipping point).
PAYMENT. FGCI quoted payment terms apply to this order. Buyer shall reimburse FGCI for all taxes, excise fees, and other charges which FGCI is required to pay any government regarding the sales, production, and transportation of the products.
(a) FGCI Rights. If buyer fails to fulfill the quoted terms in all respects, or if FGCI has doubts at any time of Buyer’s financial responsibility, then FGCI may (I) decline or suspend further deliveries, or (II) make further deliveries only upon receipt of cash or satisfactory security.
(b) Interest Charges and Collection Costs. If buyer fails to pay FGCI in full, then FGCI may charge interest on the unpaid amounts at the rate of 18% per annum (or, if lower, the maximum interest rate permitted by law). If suit is commenced, then Buyer shall pay all of FGCIs collection costs including, but not limited to, reasonable attorney fees.
RETURNS. Buyer may return any product to FGCI within 10 days from the date of shipment. However, this return right only applies if (i) the product has not been used or tampered with and is otherwise suitable for resale, and (ii) Buyer obtained prior written authorization from a duly authorized representative of FGCI to make the return.(b) Interest Charges and Collection Costs. If buyer fails to pay FGCI in full, then FGCI may charge interest on the unpaid amounts at the rate of 18% per annum (or, if lower, the maximum interest rate permitted by law). If suit is commenced, then Buyer shall pay all of FGCIs collection costs including, but not limited to, reasonable attorney fees.
(a) Restocking Charge. If the product is returned within the 10 day period, then FGCI will give Buyer a credit of equal to 75% of the purchase price (i.e. there will be 25% restocking charge). However, this restocking charge only applies to the particular line item of the returned product, and not the entire invoice.
(b) Miscellaneous. FGCI will not issue any credit to Buyer for products returned after the 10-day period. Buyer must pay all taxes and other charges related to the returned items. Any goods returned by Buyer shall be returned at Buyer’s sole expense and obligation.
WARRANTY. If the components of the product are covered by a manufacturer’s warranty, then that warranty shall be extended to the Buyer (to the full extent permitted by the manufacturer).(b) Miscellaneous. FGCI will not issue any credit to Buyer for products returned after the 10-day period. Buyer must pay all taxes and other charges related to the returned items. Any goods returned by Buyer shall be returned at Buyer’s sole expense and obligation.
(a) FGCI Manufactured Product Warranty. FGCI separately warrants to the Buyer that all FGCI manufactured products will meet its printed specifications and have a 30 day minimum shelflife when stored and handled properly. This warranty does not cover damage to the product or other damage resulting from improper use, or from using the product in a way other than that for which the product is intended. FGCI will not be responsible for any defects unless FGCI has a full opportunity to investigate any claimed defects.
(b) Implied Warranties. The foregoing warranty is in lieu of all other warranties, express or implied. FGCI HEREBY DISCLAIMS ALL OTHER WARRANTIES INCLUING, BUT NOT LIMITED TO, THE IMPLIED WARANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
CLAIMS. If Buyer has a claim with respect to the products, then Buyer must notify FGCI in writing of the nature and details of Buyer’s claims within 10 days after receiving the product. If Buyer fails to do so within the time limit, then its claim shall be forever waived, barred and released. No adjustments or returns will at any time be considered, given or permitted as to any products designated by FGCI, in any invoice or other document, as “distressed,” “off-spec,” or “past shelflife,” these are the exclusive remedies available to the Buyer, and FGCI’s sole liabilities.(b) Implied Warranties. The foregoing warranty is in lieu of all other warranties, express or implied. FGCI HEREBY DISCLAIMS ALL OTHER WARRANTIES INCLUING, BUT NOT LIMITED TO, THE IMPLIED WARANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
(a) EXCLUSIVE REMEDY. If FGCI determines that the claim is valid, then FGCI’s sole obligation shall be to (i) refund the purchase price, (ii) repair the product free of charge, or (iii) replace the product free of charge. FGCI shall have the sole right to determine which of these remedies will be utilized. FGCI at no time will be liable for the Buyer’s loss of labor.
(b) DAMAGE LIMITATIONS. Under no circumstances shall FGCI’s liability for damage exceed the original purchase price. In no event shall FGCI be liable for any special, consequential, incidental, direct or indirect losses or damage arising out of or relating to the products (including, but not limited to, personal injuries, damage to contents or equipment, and lost profit(s)).
(c) STATUTE OF LIMITATIONS. Any claim against FGCI arising out of or relating to the products must be instituted within one year after FGCI’s denial thereof. Any claims commenced after that time shall be forever waived, barred, and released.
PRODUCT HAZARDS. Buyer acknowledges that there are hazards associated with the use of these products. Buyer acknowledges that it understands these hazards.(b) DAMAGE LIMITATIONS. Under no circumstances shall FGCI’s liability for damage exceed the original purchase price. In no event shall FGCI be liable for any special, consequential, incidental, direct or indirect losses or damage arising out of or relating to the products (including, but not limited to, personal injuries, damage to contents or equipment, and lost profit(s)).
(c) STATUTE OF LIMITATIONS. Any claim against FGCI arising out of or relating to the products must be instituted within one year after FGCI’s denial thereof. Any claims commenced after that time shall be forever waived, barred, and released.
(a) OBLIGATION TO WARN. Buyer shall use and store the product in a manner which protects its employees and others. Buyer shall also warn its employees and others of the hazards from the exposure to the product and the protections they should take.
(b) SDS. To help the Buyer use and store the product safely - and give appropriate warnings about the product to employees and others - FGCI will provide Buyer with Material Safety Data Sheets (SDS) per status.
(c) FAILURE TO WARN. IF Buyer fails to store and use the product in accordance with the SDS - or fails to warn an employee or other person of matters contained in the SDS – then, Buyer shall indemnify and hold FGCI harmless from and against any and all liability of any kind arising out of or connected with that failure.
TECHNICAL ASSISTANCE. Seller shall have no liability of any technical advice or assistance given to Buyer. Any and all such advice or assistance given and accepted at Buyer’s risk.(b) SDS. To help the Buyer use and store the product safely - and give appropriate warnings about the product to employees and others - FGCI will provide Buyer with Material Safety Data Sheets (SDS) per status.
(c) FAILURE TO WARN. IF Buyer fails to store and use the product in accordance with the SDS - or fails to warn an employee or other person of matters contained in the SDS – then, Buyer shall indemnify and hold FGCI harmless from and against any and all liability of any kind arising out of or connected with that failure.
DELIVERY. No delivery shall be deemed late if shipment is made within ten days after any specified date of delivery. Materials varying not more than 10% in weight or quantity shall be deemed to be in compliance with the parties contract.
FORCE MAJEURE. The duty of FGCI and Buyer to perform obligations hereunder is suspended for the length of time of any Act of God, fire or explosion, strike or other labor trouble, unavailability of transport, injunction or other legal impediment, war or other conflict, terrorism, or any other circumstance beyond its control. However, the duty of the Buyer to pay for goods already received is never suspended.
ALLOCATION. If FGCI is unable to produce enough product to fill the orders of all its customers, then FGCI may allocate its product among those customers in a manner it deems fair and reasonable based upon all relevent factors. In such an event, FGCI shall not be liable to Buyer for failure to fulfill Buyer’s full order (or for any other matter related to the allocation).
JURISDICTION AND VENUE. In the event that FGCI commences suit against Buyer in connection with any extension of credit hereunder. Buyer hereby CONSENTS to both (i) the PERSONAL JURISDICTION over it of the federal and state district courts located within the State of Florida, and (ii) Pinellas County, Florida shall be proper VENUE for any litigation involving this agreement.
FORUM SELECTION. In the event that Buyer commences suit against FGCI, in connection with FGCI’s products or any other matter of any kind, Buyer (i) agrees to commence that suit in a court described in Jurisdiction and Venue above, and (ii) waives the right to commence that suit an any other jurisdiction.
MODIFICATION. Any attempt to modify the provisions hereof shall be void, and of no force or effect, unless the modification is in writing and signed by an authorized representative of FGCI.
GOVERNING LAW. Fiberglass Coatings, Inc. is a Florida corporation whose principal business office is located in St. Petersburg.