TERMS AND CONDITIONS
AGREEMENT: the contract of sale resulting from vendor documentation with these terms and conditions “Contract” constitutes the entire agreement between the parties hereto, except as modified in writing and signed by both the seller and buyer. HOME TEKHNO Seller’s and Buyer is identified in the Contract. Any term in a purchase order, regardless of materiality, whether different or additional to conditions of sale Sales are objected to and are excluded unless the seller expressly agrees in writing to such terms. The execution of these forms by Seller to accommodate procurement procedures or accounting evidence of the buyer or agreed change orders shall not be construed as consent to the terms of the buyer. Acceptance of goods shipped constitute consent to the conditions of sale of the Seller. This Agreement shall be binding on the buyer and the seller, and their successors and assigns.
PROPOSAL OR PHRASE: A proposal will not be binding on the Seller until it has executed and returned by the buyer. Quote, mouth, shall not be considered an offer: only written confirmation incorporating the same terms and conditions Seller shall constitute an offer.
CREDIT: Credit terms payment must have the approval of Seller’s Credit Department and must be specified in writing in Seller’s invoice or contract. If the buyer’s credit is by the Seller is not satisfactory, the Seller may rescind or terminate this Agreement. If the buyer’s credit is by the Seller is not satisfactory, the Seller may rescind or terminate this Agreement. If the Seller reserves the right to stop sending the notification to the project owner of the Purchaser and surely with a demand for payment at any time during the term of the liabilities of this Contract Buyer becomes impaired or unsatisfactory to Seller, advance or at the time of delivery for future deliveries or require other security satisfactory to Seller and the adsence thereof to cancel the unfilled portion of the Contract. Seller shall promptly notify Buyer of its decision to stop shipments and give a prior notice whenever possible. In the absence of credit terms, sales are cash.
PAYMENT: Payment specified for this purpose shall be identified and attached buyer agrees to fectuar payment Seller’s facilities specified in this contract in legal currency of Mexico. Buyer agrees to make all payments before maturity Seller in accordance with the payment terms set out in this Agreement without reference to an agreement with buyers or payments made by the owner without lien.
INTEREST AND EXPENSES: Buyer agrees to pay an interest of 1.5% per month (to the extent permitted by law) on all delinquent balances, provided they are evaluated by the Seller, and any attorney’s fees or costs arising out of and that are necessary in the collection of their obligation to Seller created by this Agreement.
TAXES: Any assessment of federal, state or local taxes, fees, duties or charges hereafter imposed or measured by the products purchased under this will be paid by the buyer unless the buyer provides the seller an acceptable certificate of exemption from such tax , duty or charge before shipping.
GOD: Seller delivers according to the terms of this Agreement or within a reasonable time of any compromise, but the Seller shall not be liable for delays or failures in delivery caused by floods, storms, fires and other acts God, war or public enemy (or civil disturbance), strikes, lockouts, shortages of labor or raw materials and supplies (including fuel) or production facilities, transport service, the action of any authority government or other conditions beyond the reasonable control of Seller.
CANCELLATION: If the buyer desires is to cancel or change any part of this Agreement, you must make the request in writing to the Seller. Seller may, in its sole discretion, accept or reject the request. If accepted, the buyer must take delivery, however, and make payment to the seller of all manufacturing equipment and the manufacturing process at the time of the notification and all special materials ordered at the time of notification and the Seller must take delivery, unless otherwise agreed by the Seller in writing. Such materials should be removed from Seller’s premises within 30 days after payment and payment will be at the time of notification. The Seller also reserves the right to make a cancellation fee in case of cancellation by the Purchaser of an order placed in the shipping time Seller and recognized by Seller.
Inspection and testing: test specifications and standards Seller apply to any order. All charges for inspection or tests are not regularly supplied by the Buyer and subject to prior negotiation. All room inspections take place at Seller’s plant, and the failure of Buyer to benefit from the privileges of inspection shall be deemed a waiver of such privileges.
PRICES: Prices are subject to change without notice. Orders based on prices published and accepted for delayed sending will be billed at current vendor price applicable to the anticipated date of shipment, unless otherwise specified in the order confirmation. All prices are in accordance with government regulations. Orders that specify special packaging or palletizing involve special charges.
DELAYS: All orders are accepted subject to the ability of the seller to make delivery in time and in the specified amounts, and the seller will not be liable for damages for failure to make full or partial delivery, or any delay in making submissions. Buyer will be responsible for additional costs incurred by Seller due to the delay of the Purchaser in providing information requested to Seller delay resulting from the order changed by the Purchaser, or delay in the unloading of shipments in the delivery point.
SHIPPING: Seller selects the shipping method and routing when transport costs are paid by the seller. When shipping instructions are specified by the Buyer, all expenses will be borne by the Buyer. This includes, but is not limited to the transportation charges for the delivery notice, delay, delay in unloading, fun, or redirection.
TITLE: Title transfer products that are shipped to the buyer FOB delivery point is clearly stated in the terms of delivery of this Agreement. Upon receiving the title, the Purchaser is responsible for adequate protection of products, placement, compliance with all regulations and ordinances, and indemnify the Seller against all claims for personal injury or property damage caused by the storage, use or handling of these products.
IN TRANSIT CLAIMS: Claims for damage or shortage in transit must be made against the carrier for the individual owner of the shipment under FOB terms of the Agreement. Buyer is responsible for inspecting shipments before or during unloading to identify any damage or shortage and see that the appropriate notation is made in the delivery tickets or an inspection report provided by the local agent of the company in order to support a claim.
COMPLAINTS: Complaints Notice Seller in respect of this for any reason should be made to the Seller in writing promptly after discovery and within any applicable warranty period. The absence of such notification the Seller shall constitute a waiver by Buyer of any right after claiming that assertion.
RETURNS: Returns will be accepted for credit only if in salable condition and only evidence of prior written consent of Seller. Seller assess freight charges both ways and the costs necessary to restore such assets in the systematic inventory of the installation. The amount of credit given will depend on how well salability of products accepted in the judgment of Seller.
PATENTS: Seller agrees to defend and protect the Purchaser against loss or damage arising from any legal action for violation of patents relating to the manufacture of its products sold to Buyer, provided Seller is notified immediately of any action with the Full information and is given the opportunity to defend themselves.
WARRANTY: LIMITATION OF RESPONSIBILITY: Title Seller warrants that each product sold under this Agreement and other guarantees for a period of one (1) year from date of shipment, but only to the extent and limits of the purchase price paid by the individual product, given as the use of the product for which it was designed. Seller’s sole obligation and Buyer’s exclusive remedy under this warranty is limited to one of the following, at the option of Seller: deliver to the buyer a replacement for any product or part thereof determined by Seller to be defective, repair such product or part, or refund the purchase price (or a fair share of it) that was paid for the product or the Buyer. SELLER MAKES NO WARRANTY OF FITNESS OR MERCHANTABILITY AND NO OTHER WARRANTY, EXPRESS OR ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE BE IMPLIED AS TO THE PRODUCT OR ANY SELLER sale or use with these . Buyer must notify the seller immediately and within the warranty period for any claim under this warranty. Seller’s warranty extends only to the first purchaser of a product by Seller or Seller’s authorized dealer. All products not manufactured by Seller are warranted only to the extent of the guarantees of the original manufacturers Seller disclaims any liability for the tort, including strict liability and the Seller disclaims any liability (whether arising from this or any other provision of this Agreement or otherwise) for any costs (including the costs of removal or replacement), passive, lost profits, loss of goodwill or any other general, special, incidental or consequential damages incurred by Buyer in connection with the Agreement or any product purchased under there.
LAW: This order shall be governed and construed by the law of the U.S.A.