Acucote Terms, Conditions and WarrantiesPolicies Governing All Acucote Inc. Sales
PRICE: All prices are F.O.B. Graham, N.C.
ACCEPTANCE: All orders are subject to acceptance by Acucote Inc. (Acucote)
TERMS: Acucote reserves the right to require a customer to pay in advance. When payment is not required in advance, the net amount of an invoice may be subject to a discount of 1% of the invoice amount if such invoice is paid within ten (10) days of the date of such invoice. All invoices are due and payable within thirty (30) days of the date of such invoice. All invoices which are not paid by the due date are subject to a service charge of 1.5% per month on the unpaid balance until paid.
CANCELLATION: Acucote will be fully compensated for any losses incurred due to cancellation of an order. Cancellation will not be accepted under any terms or conditions.
TAXES: All federal, state, local, or other applicable taxes to the sale of products listed herein shall be added to the invoice and paid by the purchaser unless the purchaser provides Acucote with a valid tax exemption certificate acceptable to Acucote and the appropriate taxing authority.
SHIPMENTS: Title and risk of loss to all products shall pass to the purchaser upon delivery by Acucote to a common carrier, regardless of the freight terms or method of payment for transportation charges. Acucote reserves the right to specify the routing of shipments.
RETURNS: All Acucote products are returnable only in compliance with the warranty specified herein. All returns must be accompanied by Acucote’s written authorization and instructions.
COMPLIANCE: Acucote manufactures all of its products in compliance with all applicable requirements of the Fair Labor Standards Act, as amended, and all other applicable laws.
CONTINGENT LIABILITY: Acucote shall in no way be responsible for any incidental or consequential damages nor shall it be liable for any loss, damage, delay, change in scheduled shipments or failure to deliver caused by accidents, fires, strikes, riots, civil disturbances, insurrection, war, the elements, embargoes, failure of carriers, inability to obtain transportation, government requirements, acts of God, public enemy, or any other contingency beyond Acucote’s control or otherwise.
SEVERABILITY: All paragraphs and provisions herein are severable. Should any provision prove to be held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect.
CHOICE OF LAW: All contracts shall be governed by and construed in accordance with the laws of the state of North Carolina.
JURISDICTION AND VENUE: Purchaser submits to the jurisdiction of the state of North Carolina for the resolution of any legal action arising out of the purchase of any of Acucote’s products and agrees that the venue for such legal action shall be in Alamance County, North Carolina (for any state court action) and in the Middle District of North Carolina (for any Federal court action).
OTHER DOCUMENTS: The sale of Acucote’s products shall also be subject to the terms and conditions contained on any invoice of sale, and where inconsistent with or additional to the terms and conditions herein, the terms and conditions of the invoice shall prevail.
Limited One (1) Year Warranty
Acucote warrants to the original purchaser of its products (“Purchaser”) that, should its products prove to be defective by reason of improper material and/or workmanship within one (1) year after the initial date of shipment, then Acucote will repair or replace, at Acucote’s option, any such defective products without charge upon receipt of notification of such defect and proof or substantiation that such products have been stored and applied in accordance with Acucote’s standards. Such repair or replacement will take place, at Acucote’s election, at either Acucote’s production facility or at the site where the products are located. In the event Acucote determines that repair or replacement is not commercially practical, then Acucote shall issue to the Purchaser a credit in an amount not to exceed the original purchase price of the products. In that event, such credit shall be in full satisfaction of Acucote’s responsibility under this Limited Warranty.
Any recommendation, statement or technical information provided by Acucote relating to its products or samples shall be based on tests which are believed to be reliable, but such recommendation, statement or technical information shall not constitute a guaranty or a warranty. All of Acucote’s products are sold, and all samples of products are provided, with the understanding that Purchaser has made its own independent determinations regarding the suitability of Acucote’s products for Purchaser’s purposes.
ANY EXPRESS WARRANTY NOT PROVIDED HEREIN, AND ANY REMEDY FOR BREACH OF CONTRACT WHICH, BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXCLUDED AND DISCLAIMED.
Under no circumstances shall Acucote be liable to the Purchaser or any other party for any incidental or consequential damages including, but not limited to loss of profits, whether arising out of breach of warranty, breach of contract, or otherwise.