Conditions of Sales
The company warrants that each product to be delivered
hereunder will be the kind designated. NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PURPOSE SHALL APPLY.
The conditions of any tests shall be mutually agreed upon and
the Company shall be notied of, and may be represented
at, all tests that may be made. If any failure of any product
delivered hereunder to be the kind designated or specied
appeared prior to the date which is 60 days from the date of
shipment, prior to the date of use or resale of the product
by the Purchaser, whichever date sooner occurs, and if the
Purchaser shall notify the Company thereof immediately, the
Company shall thereupon, all the Company’s option either (1)
furnish F.O.B. its plant or such other points as it may designate
a reprocessed or replacement product or (2) refund the
It is understood that any defective product will not be returned
until authorized in advance by the Company. Returned
products should be intact in form as shipped and must retain
the Company’s identity.
LIMITATION OF LIABILITY
The liability of the Company (except as to title) arising out of the
supplying of said product, or its use, whether on warranties,
contract, negligence or otherwise, shall not in any case
exceed the cost of correcting defects in the product as herein
provided, and upon the expiration of the appropriate warranty
period specied herein, all such liability shall terminate. The
foregoing shall constitute the sole and exclusive liability of the
Company. THE WARRANTIES STATED HEREIN ARE IN LIEU OF
ALL OTHER WARRANTIES (EXCEPT TITLE) WRITTEN OR ORAL,
STATUTORY EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR PURPOSE, IN NO
EVENT SHALL THE COMPANY BE LIABLE FOR CONSEQUENTIAL
OR SPECIAL DAMAGE.
ANY TECHNICAL ADVICE FURNISHED OR RECOMMENDATION
MADE BY THE COMPANY OR ANY REPRESENTATIVE OF
THE COMPANY CONCERNING ANY USE OR APPLICATION
OR ANY PRODUCT FURNISHED UNDER THIS CONTRACT IS
BELIEVED TO BE RELIABLE BUT THE COMPANY MAKE NO
WARRANTY, EXPRESS OR IMPLIED, AS TO ITS ACCURACY
OR COMPLETENESS OR OF THE RESULTS TO BE OBTAINED.
The purchaser assumes all responsibility for loss or damage
resulting from the handling of use of any such product.
Delivery of the products shall be made F.O.B. point of
shipment, with transportation expenses paid by the Purchaser,
and risk of loss or damage to products in transit shall fall upon
the Purchaser, whose responsibility it shall be to le claims
with the carrier.
Shipping dates are approximate and are based upon the
prompt receipt of all necessary information.
The Company shall not be liable for delay in delivery, or failure
to manufacture, due to causes beyond its reasonable control,
or due to acts of God, acts of the Purchaser, acts of civil or
military authority, priorities, res, strikes, oods, epidemics,
quarantine restrictions, war, riots, delays in transportation,
car shortages or inability due to causes beyond its reasonable
control to obtain necessary labor, materials, or manufacturing
facilities, in the event of any such delay, the date of delivery
shall be extended for a period equal to the time lost by reason
of the delay.
Each shipment shall be considered a separate and
independent transaction, and payment therefor shall be
made accordingly. If shipments are delayed by the Purchaser,
payment shall become due the date when the Company is
prepared to make shipment. If the Purchaser delays the work
covered by the terms of sale, payments shall be made based
on the purchase price and the percentage of completion.
Products held for the Purchaser shall be all at risk and expense
of the Purchaser.
If in the judgment of the Company the nancial condition
of the Purchaser at any time does not justify continuance of
production or shipment on the terms of payment originally
specied, the Company may require full or partial payment in
advance and in the event of bankruptcy or insolvency laws, the
Company shall be entitled to cancel order then outstanding
and shall receive reimbursement for its cancellation charges.
Security title and right of possession of the products sold
hereunder shall remain with the Company and such products
shall remain personal property until all payments hereunder
(including deferred payments, whether evidenced by notes or
otherwise) shall have been made in full in cash and Purchaser
agrees to all acts necessary to perfect and maintain such
security right and title in the Company.
SALES AND SINILAR TAXES
The Company’s prices do not include sales, use, excise, or
similar taxes. Consequently, in addition to the price specied
herein, the amount of any present or future sales, use excise
or other similar tax applicable to the sale of the products
hereunder or the use thereof by the Company or by the
Purchaser shall be paid by the Purchaser, or in lieu thereof the
Purchaser shall provide the Company with a tax exemption
certicate acceptable to the taxing authorities.
The Purchaser may cancel his order, provided he gives written
notice to the Company and pays to the Company the latter’s
cancellation charges, if any.
Unless otherwise stated by the Company, prices, terms of
payment and pricing policies will be those in eect at the time
Purchaser’s assignment of his order, or of any interest therein
or of any rights hereunder, without consent of the Company,
shall be void.
This contains the entire agreement between the Company
and the Purchaser respecting the subject matter hereof and
any representation, promise, condition or understanding not
contained herein shall not be binding upon either party.
Any provisions or condition to the Purchaser’s order which are
in any way inconsistent with or in addition to the Conditions of
Sale (except additional shipping instructions specifying quantity
and character of the items ordered) shall not be binding on the
Company and shall not be considered applicable to this sale.
No waiver. Alteration, of modication of the foregoing
conditions shall be valid unless made in writing and signed
by an executive ocer of the Company, or by the General
manager of the Product Division.
Contract between the parties is entered into North Port,
Sarasota County, Florida. The Sales Agreement shall be
governed by and construed in accordance with the Laws of the
State of Florida, without giving eect to principles or conicts
Buyer must notify Seller at once if the foregoing Terms and
Conditions are not acceptable.
Cabinet Door Program
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