1. GENERAL. The Seller ("Seller") and the Purchaser ("Buyer") agree that the following terms and conditions apply to the materials, goods and/or products listed on this agreement or subsequently ordered pursuant to this Agreement.
2. ACCEPTANCE/SOLE TERMS. This order is expressly conditioned upon Buyer's acceptance to these terms. Buyer's acceptance of any goods supplied by Seller shall constitute acceptance of Seller's terms.
3. PRICE. All prices are as stated. Buyer agrees to pay a delinquency charge of 1-1/2% per month on outstanding balances not paid when due.
4. WARRANTY/REMEDY. Seller warrants that goods manufactured by it will be free from defects in material and workmanship for ninety days (90) following the date of shipment.
5. LIMITATION OF LIABILITY. Seller's liability shall be limited to repairing or replacing goods found to be nonconforming, or refunding the purchase price.
6. DISCLAIMER OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. In no event shall Seller be liable for consequential or incidental damages arising out of or in connection with this Agreement.
7. ACCEPTANCE OF GOODS. Upon receipt of shipment, Buyer shall immediately inspect the Goods. Claims must be submitted within 48 hours of receipt.
8. TITLE AND RISK OF LOSS. Title and risk of loss passes to Buyer upon delivery by Seller to carrier.
9. CREDIT TERMS. All orders shall be subject to approval of Seller's Credit Department.
10. SECURITY INTEREST. Buyer grants Seller a purchase money security interest in goods purchased and all proceeds thereof.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. All actions shall be litigated in the courts of Los Angeles County, California.
By submitting this form, the undersigned personally guarantees payment of all indebtedness now and hereinafter owing by the company and agrees to pay all service and interest charges, attorney fees, collection costs, and court costs.
