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.