|TERMS AND CONDITIONS OF SALE|
Allred & Associates, Inc., 321 Route 5 West, Elbridge, New York USA 13060
Pricing and Charges
All Seller prices and discounts are subject to change without notice and do not include any state or local taxes. Buyer shall pay Seller, in addition to the price of goods, all applicable taxes and excises to the extent required or not forbidden by law, unless Buyer furnishes Seller with valid tax exemption certificates acceptable to the appropriate taxing authorities.
The price list in effect on the date customer order is received will determine billing price unless other conditions have authorized. Prices are quoted and payable in US Dollars. All orders are subject to applicable shipping, freight, taxes and handling charges.
INTERNATIONAL ORDERS – Delivery, customs and import/export tariffs, duties, taxes and similar charges, and for compliance with all import procedures, documentation and legal requirements are the sole responsibility of the customer.
Shipments and Delivery
Returns/Cancellations of Orders
Seller warrants to Buyer each new product manufactured or supplied by Seller to Buyer to be free from defects in material and workmanship at the time of shipment and subject to all other provisions and limitations herein after set forth.
Seller cannot anticipate all conditions under which seller’s products may be used. Seller accepts no responsibility for results obtained by the application of Seller’s products or the safety and suitability of Seller’s products. Users are advised to make their own test to determine the safety and suitability of each such product for their own purposes. Unless otherwise agreed in writing, Seller delivers the products without warranty on any nature, stated or implied, and buyers and users assume all responsibility and liability for the loss or damage arising from the handling and use of said products. Purchaser waives any claim against Seller for direct, indirect, consequential or exemplary damages against Seller, including without limitation, damage which may incur as a result of purchaser’s use or misuse of the product or the products failure to conform to any particular specifications.
In the case of a custom product, buyer assumes responsibility for the design and Seller’s sole responsibility is to manufacture the product according to the design and specifications approved by the buyer and it is agreed that, to the fullest extent permitted by law, the buyer shall indemnify, hold harmless and defend Seller from and against any and all claims, demands, suits or causes of action for any liability whatsoever that arises out of defects, latent or otherwise, from the design and use of the product.
While defective products will be replaced without charge if promptly returned, no liability is assumed beyond such replacement. Seller’s obligations under this limited warranty are limited to repairing or replacing any defective product sold by Seller. Seller shall have no obligation under this limited warranty unless such product is promptly returned to Seller, transportation charges prepaid by Buyer, providing that Buyer has a preauthorized return number (RMA) from Seller prior to return, and examination of such product shall disclose to Seller’s reasonable satisfaction that such product is defective, in which event Seller shall repair or replace the defective product within a reasonable time after such return of the product to Seller. The Buyer shall bear the cost of reshipment of the product to Buyer if Seller determines the product is beyond the warranty period or otherwise not entitled to the benefits of this limited warranty. The provisions of this limited warranty shall not apply to any product sold by Seller which has been subject to misuse, negligence, alteration, conversion, accident or improper installation, application or storage. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS SOLD BY SELLER AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES OR INDEMNIFICATION, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Controlling Law and Venue