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MASKTEC, INC.TERMS, CONDITIONS AND WARRANTYThe
following terms, conditions and warranty extend to the sale of all MaskTec, Inc.
(hereinafter “Seller”) parts, products or services requested by
customers or any other party. All specifications and representations made on the
face of this document are incorporated herein by reference.
WARRANTY:
Unless otherwise noted, Seller warrants for a period of one year from the date
of manufacture that all products delivered to the customer shall be free from
defects. All warranty claims with respect to any alleged defect must be received
by the seller within one year after manufacture date of the goods. Upon timely
receipt of verified claims, Seller, at Seller’s option, will replace or refund
the purchase of the allegedly defective materials.
SELLER
DISCLAIMS ALL OTHER WARRANTIES IN CONNECTION WITH THE GOODS OR SERVICES,
EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION,
DISCLAIMER OF: DESCRIPTION, QUALITY DESIGN, PERFORMANCE, SPECIFICATION,
CONDITION, MERCHANTIBILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SELLER ALSO
DISCLAIMS ALL OTHER WARRANTIES IN CONNECTION WITH GOODS PROVIDED TO BUYER, WHICH
ARE NOT PROPERLY MAINTAINED, USED OR INSPECTED. LIMITATION OF DAMAGES: The liability, if any, of Seller and its agents, servants, representatives or employees with regards to goods and/or services for any claims, costs damages, losses liabilities and expenses for which they are or were legally liable, whether arising in negligence or in tort, contract or otherwise, shall not exceed in the aggregate the agreed upon price for the goods or services. In no event shall the Seller or its agents, servants, representatives or employees be liable for indirect, special or consequential damages (subject to state by state application of Mag-Moss (16CFR 701.3). APPLICABLE
LAW AND DISPUTE:
Any dispute arising under the sale of goods shall be governed by the laws of the
State of Arkansas and applicable federal law. Any dispute, which arises which,
is not resolved by the parties shall be referred to and exclusively decided
pursuant to commercial arbitration rules of the American Arbitration Association
in Texarkana, Arkansas and its decision shall be enforceable upon entry with a
court of competent jurisdiction. The arbitrator shall not have the power or
authority to change, modify or otherwise alter the terms of the Buyer’s order
or written agreement between the parties and the arbitrator’s decision shall
be based on the information outlined in the warranty sections and other material
from the Seller according to applicable state and federal law. Each party shall
bear its own costs in such arbitration proceedings. Pending the resolution of
the problem, the Buyer may proceed under the terms and conditions of the order
and all documents incorporated therein. Buyer acknowledges that it has: (1) full knowledge of the hazards associated with the storage, distribution, and use of the Seller’s products; (2) Buyer assumes all responsibility for warning its personnel and any third parties of such hazards. It is the responsibility of the Buyer to comply with all statutes and regulations concerning the storage, handling, transportation and use of the Seller’s products shipped to Buyer by Seller. |
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