1. Acceptance of Orders – Your order is binding on the Seller once accepted in writing by an authorized representative of the Seller.
2. Delivery – Ship dates are approximate and deliveries are subject to unavoidable delays. The Seller, Trenditions, LLC will use its best efforts to ship your order on time. Seller shall have the right to deliver goods in installments from time to time within the Requested Ship Date window found on the Purchase Order.
3. Acceptance of Goods – The goods shall be inspected upon delivery to Buyer. The Buyer waives the right to inspect if an inspection is not carried out within three (3) business days of receipt of goods. Failure to inspect within three (3) days shall be equivalent to acceptance of the goods. The cost of all inspections is to be paid by the Buyer.
4. Payment Terms – Payment due dates are calculated from our invoice date. All sums payable by the Buyer to the Seller hereunder shall be paid without any right of setoff, counterclaim, deduction or defense and without abatement, suspension, deferment, or reduction. The obligation and liabilities of the buyer hereunder shall in no way be released, discharged or otherwise affected by any claim that the Buyer may have against the Seller.
5. Warranty – Seller warrants that the goods listed on Buyer’s PO shall be free from defects in material and workmanship while in Buyer’s possession and for a period of ninety (90) days from the date of shipment. Written notice and explanation of the circumstances of any claim that the goods are defective in material or workmanship shall be given promptly by Buyer to Seller. Buyer’s sole and exclusive remedy in the event of defect is expressly limited to the correction or replacement of the goods deemed defective in material or workmanship by the seller, at the seller’s sole discretion. If Seller is unable to replace or repair the defective good, Seller shall issue a one year merchandise credit to buyer that portion of the then current selling price allocable to said goods. Except as specifically provided in this document, no other warranties are expressed or implied including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Notwithstanding the foregoing, the following are specifically excluded from coverage under the Seller’s warranty: (A) any defect resulting from ordinary wear and tear, (B) any defect arising from adjustment to or alteration of the goods made by anyone other than the Seller, (C) any defect arising from misuse, abuse or neglect or from damage by accident, fire or other casualty, and (D) sales of all close-out goods.
6. Modifications - These terms and conditions can be modified only in writing signed by an authorized representative of both the Buyer and the Seller.
7. Catalog Prices - Catalog prices are FOB the Company’s warehouse and are subject to change without notice.
8. Applicable Law - The rights, duties and obligations of the parties shall be governed by and in accordance with the provisions of the Uniform Code Council as adopted by the state of Texas.