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This agreement shall be deemed to have been entered into in the State of California, and shall be construed in accordance with the laws of the State of California, including California's enactment of the Uniform Commercial Code. Buyer hereby stipulates and agrees that San Mateo County, California, shall be the proper jurisdiction for adjudicating all claims and controversies arising from this Agreement. In the event of any claim relating to this Agreement or to the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable attorney's fees and costs. Space Age Solutions warrants parts and other devices of its manufacture and bearing its nameplate, when not misused or neglected to be free from defects in workmanship or materials. The Company's obligation under this warranty is limited to repairing or replacing any such product or part thereof which shall be within one year after delivery date to the original purchaser. Transportation charges will be paid by purchaser unless upon examination it is revealed to be defective. The Company assumes no liability for consequential or contingent damages of any kind arising out of the failure of its product. A defect in the meaning of this warranty, in any part of said equipment shall not, when such part is capable of being repaired or replaced, operate to condemn such equipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES EXPRESSED OR IMPLIED BY THE COMPANY OR ITS REPRESENTATIVES ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS, OTHER THAN TITLE, ARE HEREBY EXPRESSLY NEGATED AND EXCLUDED. The Company and its representatives will furnish upon request, data and engineering services relating to the application or use of its products. It will not be responsible and it does not assume any liability whatsoever for damages of any kind sustained either directly or indirectly by any person in the adoption or use of such data or engineering services in whole or in part. No equipment may be returned for credit without first receiving permission to do so. All requests shall be addressed to the company from whom purchase was originally made or from Space Age Solutions if purchase was made direct from them. If approval is granted, a 30% restocking charge is made on current designs within warranty period to cover inspection, testing, handling and accounting expenses. Orders submitted on Customer's purchase order forms, which forms may contain statements, clauses or conditions modifying, adding to, repugnant to, or inconsistent with the terms and provisions of the Seller herein contained will be accepted by the Seller only upon condition and with the express understanding, that notwithstanding any such statements, clauses or conditions contained in any order forms of the Customer, the liabilities of the Seller shall be determined solely by its own terms and conditions of sales, and in accepting and consummating any such order the Seller shall be deemed not to have in any way changed, enlarged or modified its liabilities or obligations as fixed by such terms and conditions of sale as stated by the Seller herein. Prices and designs are subject to change without notice. The prices at which an order is accepted are subject to adjustment to the Seller's prices in effect at the time of shipment. No representatives of the Company has any authority to change or extend the provisions of this warranty or the contract in any manner whatsoever.
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