Terms and Conditions
Governing Provisions and Cancellation
All Sales are subject to these terms and conditions. The owner of this site objects to any additional or different terms which may be contained in any of the purchaser´s purchase order, acknowledgment or other communications.
THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN The owner of this website AND THE PURCHASER, AND SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE INTERNAL LAWS OF THE STATE OF GEORGIA AND THE UNITED STATES OF AMERICA. THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Orders may not be cancelled or altered by the purchaser. ALL SALES ARE FINAL. The owner of this website reserves the right to cancel any order within seven working days from receipt of said order.
Shipping, Delivery and Delay All quoted delivery dates and/or periods are approximate. Please allow 4-6 weeks for delivery. The delivery periods shall commence when the owner of this website shall have acknowledged receipt of complete specifications and/or applicable documents required to effect shipment, such as a letter of credit, import license, exchange permit, shipping instructions, etc. Risk of loss or damage in transit shall pass to the purchaser at the point where The owner of this website has fulfilled its obligations under the shipping terms specified herein. Domestic orders are shipped F.O.B. Atlanta, Georgia or the factory, and international orders are shipped Ex Works Atlanta, Georgia or the factory. All shipping terms shall have meaning set forth in the Uniform Commercial Code for domestic sales or in INCOTERMS 2000, as published by the International Chamber of Commerce, Paris, France for international sales. Methods and route of shipment will be at the discretion of The owner of this website unless purchaser shall specify otherwise, and any additional expense of the method or route of shipment shall be borne by the purchaser.
The owner of this website will quote prices for insurance and/or freight upon request. Notwithstanding the foregoing or the provisions of the UCC or INCOTERMS, title to the goods, and all accessions to or products of the goods, shall remain with The owner of this website until payment in full of the purchase price and of other amounts owing by the purchaser. To the extent legal title to the goods shall be deemed by law to pass to the purchaser at the time of delivery and prior to performance of all of purchaser´s obligations hereunder, equitable title shall remain in The owner of this website until payment in full of the purchase price, and the purchaser shall grant, and by acceptance of the goods shall be deemed to have granted, to The owner of this website a first security interest and charge in all goods to secure payment of the purchase price and other amounts owing by the purchaser and performance of all the purchaser´s obligations under this sale. The owner of this website may reclaim any goods delivered to the purchaser or in transit if the purchaser shall fail to make payments when due. The owner of this website reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve purchaser of its obligation to accept remaining deliveries. Claims for shortages or other errors must be made in writing to The owner of this website within fifteen (15) days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the purchaser.
Descriptive Literature and Substitutes Catalogs, product brochures, photographs and other illustrations are a general representation of the products offered, but shall not be taken as precise and shall not form part of the sale. The owner of this website reserves the right to make changes in design, specifications or materials which in The owner of this website's opinion are an improvement or necessary because of priorities or regulations established by governmental authority or nonavailability of materials from suppliers.
Price and Payment
All prices are subject to change without notice. All prices are listed in United States Dollars. Unless specified otherwise in writing, payment in advance is required, preferably via wire transfer. Payments must be made in U.S. Dollars. Taxes and Other Charges Any manufacturer´s tax, occupation tax, use tax, import tax, duty, fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between The owner of this website and the purchaser shall be paid by the purchaser in addition to the prices quoted or invoiced. In the event that The owner of this website is required to pay any such tax, fee or charge, the purchaser shall reimburse The owner of this website therefore.
Export Packing and Documents
Prices include The owner of this website's standard commercial export packing which will vary depending on whether the shipment is made by air or ship. Purchaser shall bear any additional expenses required to satisfy purchaser´s specifications. All shipments hereunder are subject to compliance with the Export Administration Act, as amended, the regulations thereunder and all other U.S. laws and regulations concerning exports. Purchaser agrees to comply with all such laws and regulations concerning the use, disposition, re-export and sale of the goods or service provided hereunder. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of Consequential Damages and Disclaimer of Liability
The owner of this website's liability with respect to breaches of warranty shall be limited as provided in Paragraph 7 hereof. The owner of this website's liability shall in no event exceed the contract price. THE OWNER OF THIS WEBSITE SHALL NOT BE SUBJECT TO AND DISCLAIMS: 1. ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, 2. ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY THE OWNER OF THIS WEBSITE, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND 3. ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. Without limiting the generality of the foregoing, The owner of this website specifically disclaims any liability for penalties (including administrative penalties), special or punitive damages for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, facilities, property or services, bodily or emotional injury or loss of life, downtime, shut-down or slowdown costs, spoilage of material, or for any other types of economic loss.
Local Safety Standards and Regulations
Products sold by The owner of this website are designed to meet applicable US safety standards and regulations. Because local safety standards and regulations vary significantly, The owner of this website cannot guarantee that all such products meet applicable requirements in each locality outside the United States. The purchaser assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used.
Technical Information
Any sketches, models, samples or designs submitted by The owner of this website shall remain the property of the owner of this website, and shall be treated as confidential information unless The owner of this website has in writing indicated a contrary intent. No use or disclosure of such sketches, models and samples, or any design or production process or techniques revealed thereby, shall be made without the express written consent of the owner of this website. Inclusion of The owner of this website's Terms and Conditions, All of the purchaser's sales contracts or quotations, acknowledgment or invoice forms relating to goods sold by The owner of this website shall include appropriate reference to the limitations on The owner of this website's warranty and damage obligations as contained in Paragraphs 7 and 8 hereof so as to effectively limit The owner of this website's obligations to customers of purchaser to those set forth in these Paragraphs 7 and 8. Arbitration Actions by The owner of this website for nonpayment by the purchaser of the undisputed purchase price of goods sold by the owner of this website, or for redress for other undisputed breaches by the purchaser of the contract of sale, may be brought by The owner of this website before any judicial court of competent jurisdiction without need for prior arbitration. All disputes between the purchaser and The owner of this website in connection with any other claim arising hereunder shall be finally settled by arbitration in Atlanta, GA under the Rules of the American Arbitration Association (which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules) by single arbitrator appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the internal laws of the State of Georgia.
Force Majeure
The owner of this website shall not be liable for any loss or damage as a result of The owner of this website's delay in or failure of delivery due to 1) any cause beyond The owner of this website's reasonable control, 2) any act of God, act of the purchaser, embargo or other governmental act, authority, regulation or request, fire, theft, accident, strike, slowdown or other labor disturbance, war, riot, delay in transportation, 3) inability to obtain necessary labor, materials, component, supplies or facilities, 4) inability to obtain necessary export licenses, import licenses, exchange permits, etc. Should any of the aforementioned events of force majeure occur, the owner of this website, at its option, may cancel purchaser´s order with respect to any undelivered goods or extend the delivery date for a period equal to the time lost because of delay. Notice of such election shall be given promptly to the purchaser. In the event The owner of this website elects to cancel the order, The owner of this website shall be released of and from all liability for failure to deliver the goods, including, but not limited to, any and all claims on behalf of the purchaser for lost profits, or for any other claim of any nature which the purchaser may have. If shipping or progress of the work is delayed or interrupted by the purchaser, directly or indirectly, the purchaser shall pay The owner of this website for all additional charges resulting therefrom. Right of Withdraw The owner of this website reserves the right to withdraw this offer if it is determined it is in violation of any U.S. Trade Laws.
