(a) All sales of goods covered hereunder (the “Goods”) are F.O.B. Seller’s shipping point, regardless of the means of delivery, with title and risk of loss passing at such time.
(b) Seller will replace or re-deliver any Goods (1) that do not conform to the terms of the Buyer’s purchase order (the “Order”) or (2) that are defective, in each case only if Seller receives notice that such Goods are defective no more than thirty (30) days after delivery. Buyer will comply with Seller’s shipping terms and conditions in connection with any such return shipment.
(a) Except for the express warranty provided above, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) Seller’s liability to Buyer, shall be limited to the express warranties set forth above. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.
(c) Buyer will pay as stated on each invoice or in accordance with the terms of the Order.. Fees are fully earned when due and non-refundable when paid. A finance charge of 1 1/2% per month or the maximum rate allowed by law, whichever is less, may be charged on each payment received after the due date. A thirty ($30.00) dollar fee may be charged on each check returned due to insufficient funds. Checks will not be re-deposited. Seller shall be entitled to recover its collection costs and reasonable attorney’s fees incurred if Seller consults an attorney in connection with any amounts not paid when due hereunder.
(d) No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by contingencies, happenings or causes beyond the control of the party affected
(a) This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia. The United Nations Convention on Contracts for the International Sales of Goods will not apply. Buyer agrees to (i) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts located in Cobb County, Georgia to resolve any disputes relating to this Agreement and (ii) waive any right to move or dismiss or transfer any such action brought in such court on the basis of any objection to personal jurisdiction or venue. Any controversy or claim arising out of or relating to this Agreement shall, at the election of Seller, be settled by arbitration conducted in Atlanta, Georgia in accordance with the Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.