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| Terms of Sale |
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SALES POLICY
Wholesale Only. Identification required from all Customers.
Sales Tax. YourBuyer, Inc. is required to charge applicable state and local tax on every item for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.
Payment Terms. Any credit terms will be agreed to prior to placement of the order with YourBuyer, Inc. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. Cash or anticipation discounts are not allowed. All payments must be in U.S. dollars. YourBuyer, Inc. shall have the right of set-off and deduction for any sums owed. If Customer fails to make payment within thirty (30) days, YourBuyer, Inc. may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.
Credit Balance. Customer agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and YourBuyer, Inc. shall have no further liability.
FREIGHT POLICY
Freight is FOB Shipping Point, Prepaid and Billed to Customer. Other terms may apply to Alaska, Hawaii, and export orders. Customer must pay any extra changes incurred for additional services, such as hazardous materials, Customer's carrier, premium freight, or special handling at the destination. Title and risk of loss pass to Customer on delivery to the common carrier.
WARRANTY AND RETURN POLICY
MANUFACTURER'S WARRANTY. YourBuyer, Inc., to the fullest extent permitted, passes through to its Customer any and all manufacturer and supplier product warranties.
WARRANTY DISCLAIMER.
No warranty or affirmation of fact, express or implied, is made or authorized by YourBuyer, Inc. YourBuyer, Inc. disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, and any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose.
LIMITATION OF LIABILITY.
Any liability for consequential or incidental damages is expressly disclaimed. YourBuyer, Inc.?s liability in all events is limited to, and shall not exceed, any YourBuyer, Inc. service fees paid by the customer.
Product Selection Process. Based on data provided by the customer, YourBuyer, Inc. will make a diligent effort to locate product(s) that may fill the customer's needs. YourBuyer, Inc. does not make any representation, express or implied, that the product(s) identified are fit for a particular purpose. The customer is solely responsible for product selection and insuring that the product selected is appropriate for its intended use, purpose, application and environment.
Product Returns. All returns are subject to the terms as specified by the manufacturer. Please refer to the manufacturer's warranty for details upon receipt of product. Authorization must be secured before products are returned. Contact YourBuyer, Inc. at 877-922-1780 with your original order number. Returns are subject to restocking fees and charges as specified by the supplier. These charges will be deducted from the credit.
Product Suitability. Many states and localities have codes and regulations governing sales, construction, installation, and/ or use of products for certain purposes, which may vary from those in neighboring areas. YourBuyer, Inc. cannot guarantee product compliance with such codes, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
No Warranty to Consumers. YourBuyer, Inc. makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
OSHA Hazardous Substance & California Proposition 65 Product Information. Material Safety Data Sheets (MSDA) for OSHA defined hazardous substances and a list of products known to the state of California to cause cancer or reproductive harm are available by contacting YourBuyer, Inc. Customer Service at 877-922-1780. The information and recommendations contained on the MSDS supplied by the manufacturer are considered to be accurate and reliable. YourBuyer, Inc., however, makes no warranty with respect to the accuracy or reliability of the information to the suitability of the recommendations. YourBuyer, Inc. disclaims any and all liability to any user thereof.
Year 2000 Warranty Pass-Through. YourBuyer, Inc.?s suppliers may extend to YourBuyer, Inc. certain year 2000 warranty(s) and YourBuyer, Inc. to the fullest extent permitted, hereby passes through to its Customer any and all Equipment and/or Software manufacturers Y2K warranties. This warranty pass-through does not replace, modify, or supersede the YourBuyer, Inc. Warranty Disclaimer.
ADDITIONAL TERMS
Export and Import Sales Terms; Licenses; Permits and Freight Forwarder. Export orders may be subject to special export/import payment terms and conditions. Customer shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all the laws and regulations thereof. Customer shall select and pay the freight forwarder who shall solely be the Customer's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon YourBuyer, Inc., unless expressly agreed to by YourBuyer, Inc.
Force Majeure. YourBuyer, Inc. shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of YourBuyer, Inc. in the conduct of its business.
Cancellation. Any cancellation must be approved by YourBuyer, Inc., and may be subject to restocking and other charges.
Assignment. Customer shall not assign any order or any interest therein without the written consent of YourBuyer, Inc. Any actual or attempted assignment without YourBuyer, Inc.'s prior written consent shall entitle YourBuyer, Inc. to immediately cancel such order by notice to Customer.
Modification of Terms. YourBuyer, Inc.'s acceptance of any order is subject to Customer's assent to all of the terms and conditions set forth herein or in YourBuyer, Inc.'s documentation, and Customer's assent to these terms and conditions shall be presumed from Customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon YourBuyer, Inc. unless agreed to by YourBuyer, Inc. in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in YourBuyer, Inc.'s documentation, YourBuyer, Inc.'s acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by YourBuyer, Inc. of any of the terms and conditions in YourBuyer, Inc.'s documentation.
Governing Law; Limitations. These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Nevada, USA. Any legal action with respect to any transactions must commence within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Nevada, and not the United Nations Convention Contracts for the International Sale of Goods, shall apply.
Complete Agreement. The terms and conditions in YourBuyer, Inc.'s forms, acknowledgements, quotations, invoices and catalog sales terms and conditions are incorporated herein by reference and constitute the entire and exclusive agreement between Customer and YourBuyer, Inc.
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