SALES CONTRACT TERMS AND CONDITIONS
ACCEPTANCE OF TERMS: By placing an order with Seller or purchasing goods from Seller, Buyer accepts these terms and conditions, waiving any contrary terms and conditions contained in Seller's documents.
COLORADO LAW, including the Uniform Commercial Code (C.R.S. § 4-1-101 , et seq.) shall govern this sale and the relationship between the parties.
TITLE TO THE GOODS and risk ofloss passes to Buyer at the F.O.B. point. Seller shall have no liability for loss or damage to the goods after they are given to a common carrier, who has receipted for such goods by a bill of lading.
TAXES: Any tax imposed by any taxing body arising from or based upon the sale of goods or services for which Seller may be held responsible will be added to the price of the goods.
SHIPMENT will be made pursuant to Buyer's instructions and at Buyer's expense.
PRICE INCREASE: Due to possible increases in Seller's cost oflabor or material, the goods will be billed at the price in effect at the time of shipment, unless otherwise agreed to in writing.
SHIPMENT DATES: The time for shipping the goods will run from the date of Seller's receipt of the order. Goods identified as being in stock are subject to prior sale. Delivery is subject to any and all regulations that may be imposed on Seller by any governmental agency. Seller is not responsible for delays caused by strikes, fires, floods, embargos, accidents or other causes beyond Seller's control.
SAFETY DEVICES: Seller shall have no liability for the recommendation, design, or installation of safety devices, and does not warrant or represent that the goods meet any safety requirements other than those published by the manufacturer.
SPECIFICATIONS: Seller does not represent or warrant that the goods meet any specifications other than those set forth on the face of the quotation and those published by the manufacturer.
RECOMMENDATIONS: Buyer is solely responsible for determining the suitability of the goods for Buyer's purpose. Notwithstanding any discussions, suggestions or other communications between Buyer and Seller, whether orally or in writing, Seller shall have no liability for any use to which Buyer puts the goods.
WARRANTIES: Seller makes no warranties as to goods not manufactured by Seller and shall have no liability as to such goods. Buyer shall have only the warranties provided by the manufacturer of such goods.
GOODS MANUFACTURED BY SELLER: Seller warrants that the goods it manufactures shall be free from defects in material and workmanship for one year from the purchase date. At Seller's discretion, any goods determined by Seller to be defective will be repaired or replaced at the original F.O.B. point. Seller makes no warranties as to the performance of goods manufactured by Seller to Buyer's design or specifications.
SELLER'S ONLY WARRANTIES are those set forth in these terms and conditions, Seller specifically disclaiming any warranty, express or implied, that the goods are merchantable or fit for a particular purpose.
CONSEQUENTIAL AND INCIDENTAL DAMAGES: Seller shall have no liability for any consequential or incidental damages resulting from Buyer's use of the goods.
ERRORS: Seller reserves the right to correct any clerical or stenographic errors.
RETURNS: Buyer may return any unused standard stock goods for credit only, less a restocking fee, but only upon Seller's prior written authorization, which authorization shall be at Seller's discretion. Seller will not accept the return of used or nonstandard goods.
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