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delivery or, if transportation charges are prepaid by the Seller, the Buyer will reimburse the
Seller upon receipt of an invoice from the Seller. The Buyer is obligated to obtain insurance
against damage to the goods being shipped. Unless otherwise specified, the goods will be
shipped in the standard Seller commercial packaging. When special packing is required or, in
the opinion of the Seller, required under the circumstances, the cost of the special packaging
shall be the responsibility of the Buyer.
INSPECTION AND ACCEPTANCE. Goods will be conclusively deemed accepted by the Buyer
unless a written notice setting out the rejected goods and the reason for the rejection is
sent by the Buyer to the Seller within 10 days of delivery of the goods. The Buyer will place
rejected goods in safe storage at a reasonably accessible location for inspection by the
Seller.
CUSTOM GOODS. There is no refund or return for custom or nonstandard goods.
WARRANTIES. The Seller warrants all equipment manufactured by it to be free from defects
in parts and labor for a period of one year from the date of shipment from factory. The liability
of the Seller applies solely to repairing, replacing, or issuing credit (at the Seller’s sole
discretion) for any equipment manufactured by the seller and returned by the Buyer during
the warranty period. SELLER MAKES NO SEPARATE OR OTHER WARRANTY OF ANY NATURE
WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY
OR FOR A PARTICULAR PURPOSE. There shall be no other obligations either expressed or
implied.
LIMITATION OF LIABILITY. Seller will not be liable to the Buyer or any other person or entity
for indirect special, incidental,consequential, punitive, or exemplary damages in connection
with this transaction or any acts or omissions associated therewith or relating to the sale
or use of any goods, whether such claim is based on breach of warranty, contract, tort, or
other legal theory and regardless of the causes of such loss or damages or whether any other
remedy provided herein fails. In no event will the Seller’s total liability under this contract
exceed an amount equal to the total amount paid for the goods purchased hereunder.
WAIVER. In the event of any default under or breach of the contract by the Buyer, the Seller
has the right to refuse to make further shipments. The Seller’s failure to enforce at any time
or for any period of time the provisions of this contract will not constitute a waiver of such
provisions or the right of the Seller to enforce each and every provision.
GOVERNING LAW. The validity, construction, and performance of the contract and the
transactions to which it relates will be governed by the laws of the United States of America.
All actions, claims, or legal proceedings in any way pertaining to this contract will be
commenced and maintained in the courts of Whitman County, State of Washington, and the
parties hereto each agree to submit themselves to the jurisdiction of such court.
SEVERABILITY. If any of the Terms and Conditions set out in this contact are declared
to be invalid by a court, agency, commission, or other entity having jurisdiction over the
interpretation and enforcement of this contract, the applications of such provisions to
parties or circumstances other than those as to which it is held invalid or unenforceable
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