CUSTOMER TERMS & CONDITIONS
TERMS AND CONDITIONS
- ACCEPTANCE: All orders and sales contracts are subject to acceptance or rejection by E.V. Roberts and are not binding on E.V. Roberts unless and until so accepted. Acceptance of an order by E.V. Roberts constitutes a complete and binding contract governed by the terms and conditions of sale appearing herein and by the laws of the State of California. Acceptance is at all times subject to availability for delivery of the goods covered by each order, and to the E.V. Roberts prices for said goods in effect at the time of shipment, unless otherwise agreed in a separate agreement signed by buyer and E.V. Roberts. Prices on the face hereof are those in effect the date this document was prepared.
- END OF USE: Determination of the suitability of the goods described on the face hereof for the use contemplated by Buyer or Buyer’s customers for such goods is the sole responsibility of Buyer or Buyer’s customers, whichever the case may be, and E.V. Roberts shall have no responsibility in connection therewith. Buyer assumes all risk and liability for loss, damage, or injury to property of Buyer or others, arising out of the use or possession of the goods furnished hereunder.
- WARRANTY: E.V. Roberts warrants only that the goods supplied hereunder shall meet the description or specifications stated herein. Buyer’s exclusive remedy and E.V. Roberts sole liability hereunder shall, at E.V. Roberts’ option, be limited to refund of the purchase price of, or replacement of, all goods shown to be otherwise than as warranted. E.V. Roberts shall in no case be liable for incidental or consequential damages. Said refund or replacement is conditional on Buyer giving E.V. Roberts notice within thirty (30) days from the date of shipment by E.V. Roberts that said goods are otherwise as warranted. Failure by Buyer to give said notice within the thirty (30) day period shall constitute a waiver by Buyer of all claims with respect to the goods. If requested by E.V. Roberts, Buyer shall promptly return to E.V. Roberts all unconsumed goods alleged by Buyer to be otherwise than as warranted and E.V. Roberts will pay freight thereon.
THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN EXPRESS OR IMPLIED WARRANTIES. E.V. ROBERTS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS.
- TITLE AND RISK OF LOSS: Title and risks of loss or delay to all goods supplied hereunder shall pass to Buyer upon E.V. Roberts’ delivery thereof to carrier at shipping point.
- QUOTATIONS: Unless otherwise specified, quotations are for information only, are not intended as an offer, and are subject to change without notice in all respects, including prices, delivery dates, terms, quantities, or specifications.
- FREIGHT: The most economical routing will be used at the discretion of E.V. Roberts. Additional transportation costs incurred at Buyer’s discretion or resulting from his request will be at Buyer’s expense.
- FAIR LABOR STANDARDS ACT: E.V. Roberts hereby certifies that the goods supplied hereunder to Buyer were produced in compliance with the requirements of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued thereunder.
- ENTIRE AGREEMENT: These terms and conditions represent the entire agreement between E.V. Roberts and Buyer with respect to the sale of goods. The agreement may not be modified except by a new written contract signed by both E.V. Roberts and Buyer.
- RETENTION OF RECORDS: E.V. Roberts shall retain records for a period of seven (7) years.
- TAXES: Buyer shall pay any tax (including sales tax), duty, custom, inspection or testing fee or any other fee or charge imposed on, in connection with or measured by the transaction E.V. Roberts and Buyer in addition to the prices quoted or invoiced.
- SCHEDULES; DELAY: E.V. Roberts shall not be liable to Buyer for delays in delivery due to state of war, riot, civil disorder, fire, terrorism, strikes, work slowdowns, accidents, actions of government or civil authority, delay in transportation, energy failure, equipment breakdown, delay of suppliers, inability to obtain necessary labor, materials or manufacturing facilities, acts of God or any causes beyond the control of E.V. Roberts. Buyer’s exclusive remedy for such delays, and for E.V. Roberts’ inability to deliver for any reason, shall be rescission of the particular order.
- GOVERNING LAW; CONSENT TO JURISDICTION; VENUE: All disputes shall be resolved in California, and California law shall govern such disputes.
- MISCELLANEOUS: E.V. Roberts reserves the right to correct clerical or similar errors relating to price or any other term shown in this Agreement. The failure of E.V. Roberts to insist, in any one or more instances, upon performance of any of the terms, covenants and conditions of this Agreement shall not be construed as a waiver or relinquishment of any rights granted hereunder or the future performance of any such term, covenant or condition.
- SHIPPING; INSURANCE: Buyer shall pay for all costs of shipping. Buyer shall fully insure all materials delivered to Buyer from F.O.B. shipping point.