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Terms and Conditions

Posted by: Time:2012.03.22 01:28

1. TERMS AND CONDITIONS TOGOVERN - These terms and conditions represent the final and completeagreement of the parties and no terms or conditions in any way modifying orchanging the provisions stated herein shall be binding upon www.bestarpipe.com unlessmade in writing and signed and approved by an officer or other authorizedperson at  www.bestarpipe.com. Nomodification of any of these terms shall be modified by www.bestarpipe.com'sshipment of goods following receipt of Buyers purchase order, shipping requestor similar forms containing printed terms and conditions additional to or inconflict with the terms herein. If any term, clause or provision is declared toheld invalid by a court of competent jurisdiction, such declaration or holdingshall not affect the validity of any other term, clause or provision hereincontained. 

 

2. ACCEPTANCE OF ORDERS - All orders aresubject to written price verification by authorized  www.bestarpipe.com personnel unlessdesignated in writing to be firm for a specified period of time. Shipment ofgoods without written price verification does not constitute acceptance of theprice contained in the order. 

 

3. SUBSTITUTION -  www.bestarpipe.com reserves the right,without prior notification, to substitute an alternative product of like kind,quality and function. If the Buyer will not accept a substitute, the Buyer mustspecifically declare that no substitution is allowed when the buyer requests aquote, if such request for quote is made, or, if no request for quote was made,when placing an order with the  www.bestarpipe.com. 

 

4. PRICE- Prices quoted, including any transportation charges, are valid for 10 daysunless designated as firm for a specific period pursuant to a written quote orwritten sales acceptance issued or verified by an officer or other authorizedpersonnel of  www.bestarpipe.com . A pricedesignated as firm for a specific period may be revoked by  www.bestarpipe.com if the revocation is inwriting and is mailed to the Buyer prior to the time a written acceptance ofthe price is received by  www.bestarpipe.com. All prices and deliveries are F.O.B. shipping point.  www.bestarpipe.com reserves the right tocancel orders in the event selling prices which are lower than prices quotedare established by government regulations.  

 

5. TRANSPORTATION - Unless otherwiseprovided, www.bestarpipe.com shall use its judgment in determining carrier androuting. In either case, www.bestarpipe.com shall not be liable for any delaysor excessive transportation charges resulting from its selection. 

 

6. PACKING - Unless otherwise provided, www.bestarpipe.comwill comply only with its minimum packing standards for the method oftransportation selected. The cost of all special packing, loading or bracingrequested by Buyer will be paid for by Buyer. All cost of packing and shipmentfor Buyer's special equipment shall be paid for by Buyer. 

 

7. PAYMENTTERMS - Payment terms are 1/2% 10, Net 30, with a carrying charge of 1-1/2% permonth for payments received after 30 days. The discount applies only to theinvoiced value of the material (not to taxes or freight charges). www.bestarpipe.comreserves the right to require advance payment or satisfactory security for thegoods if the financial condition of Buyer so warrants as determined by  www.bestarpipe.com. If Buyer fails to makepayment in accordance with terms of this agreement or any collateral agreement,or fails to comply with any provisions hereof, www.bestarpipe.com may, at itsoption (and in addition to other remedies), cancel any unshipped portion ofthis order. Buyer is to remain liable for all unpaid accounts.  

 

8. TAXES AND IMPORT/EXPORT LICENSES -Prices do not include taxes. Taxes are paid by Buyer upon invoice from www.bestarpipe.comunless Buyer provides a valid exemption certificate acceptable to the taxingauthority or unless www.bestarpipe.com is forbidden by law from collection ofsaid taxes from Buyer. Import or export licenses are to be secured byBuyer. 

 

9. TITLE AND RISK OF LOSS - Delivery tocarrier shall constitute delivery to Buyer, and thereafter risk of loss ordamage shall pass to Buyer. Any claim of Buyer relative to damage duringshipping or delivery should be made directly to the carrier. Any claims byBuyer against www.bestarpipe.com for shortage or damage occurring prior to suchdelivery to carrier must be made within five (5) days after receipt of thegoods and accompanied by original transportation bill signed by carrier notingthat carrier received the goods from www.bestarpipe.com in the conditionclaimed. Notwithstanding passage of the risk of loss to Buyer, title and right ofpossession to the goods sold hereunder shall remain with www.bestarpipe.com untilall payments hereunder, including deterred payments evidenced by notes orotherwise, Interest, carrying charges, and attorneys' fees, shall have beenmade in cash, and Buyer agrees to do all acts necessary to perfect and maintainsuch right and title in www.bestarpipe.com . 

 

10. RETURN OF PRODUCTS - Goods cannot bereturned, and orders once accepted by  www.bestarpipe.comcannot be canceled, except upon the written approval of www.bestarpipe.com. Cutto size items and special orders may not be returned unless it has beendetermined to be provided in error by www.bestarpipe.com . Customers returninggoods are responsible for freight charges, and shall be assessed a restockingfee of $100 or 20% of the order, whichever is greater. 

 

11. FORCE MAJEURE - www.bestarpipe.com shallnot be liable for failure to perform its obligations resulting directly orindirectly from or contributed to by acts of God; acts of Buyer, civil or militaryauthority, including wage and price controls; fires; war; riot; delays intransportation; lack of or inability to obtain raw materials (including energysources), components, labor, fuel or supplies; or other circumstances beyond www.bestarpipe.com'sreasonable control, whether similar or dissimilar to the foregoing. If certainquantities are affected and other quantities are not, the quantities affectedshall be eliminated without liability, but the agreement shall remainunaffected. www.bestarpipe.com may during any period of shortage due to any ofsaid causes, allocate its supply of such raw materials among its various usersthereof in any manner which YILIDA www.bestarpipe.com deems fair andreasonable. In no event shall  www.bestarpipe.combe liable for special or consequential damages for any delay for anycause. 

 

12. REASONABLE ATTORNEY'S FEES - In theevent suit or other proceedings shall be brought for the recovery of thepurchase price, or any unpaid balance, or the breach by Buyer of any termherein contained, Buyer shall pay to www.bestarpipe.com , in addition to anydamages proved by law, reasonable attorney's fees and costs of collection. 

 

13. LIABILITY - www.bestarpipe.com shallnot be responsible, obligated, or liable for any injury or damage resultingfrom an application or use of its products, either singularly or in combinationwith other products, arising out of acceptance of this order. www.bestarpipe.comshall have no liability for errors in weight or quantity delivered unless claimis made by Buyer within five (5) days after receipt of shipment and accompaniedby original transportation bill signed by carrier noting that carrier receivedthe goods from www.bestarpipe.com in the condition claimed. If such timelyclaim is made by Buyer, and the claim is deemded valid by www.bestarpipe.com ,Our www.bestarpipe.com may fulfill its responsibility by either shipping thequantity necessary to make good the deficiency, or at  www.bestarpipe.com 's option, crediting Buyerwith the invoice price of the deficiency. 

 

14. WARRANTY - All goods sold by www.bestarpipe.comare warranted to Buyer to be free from defects in material and workmanship, andmanufactured in accordance with industry standards. The foregoing warranty isnonassign able and in lieu of and excludes all other warranties not expresslyset forth herein, whether express or implied by operation of law or otherwiseincluding but not limited to any implied warranties of merchantability orfitness. No agent, employee, or representative of www.bestarpipe.com has anyauthority to bind www.bestarpipe.com to any representation, affirmation, orwarranty concerning the goods and any such representation, affirmation, orwarranty shall not be deemed to have become a part of the basis of thisagreement and shall be unenforceable. Any claimed defect in material orworkmanship shall be deemed waived by Buyer unless submitted to www.bestarpipe.comin writing within five (5) days from the date the goods are received by Buyer.

 www.bestarpipe.comshall not be liable under the foregoing warranty if any loss or damage iscaused by improper application or use of the goods. www.bestarpipe.com disclaimsall liability with respect to the design of the goods and makes no warrantywith respect to such design. This warranty is in lieu of and excludes all otherwarranties, whether express, implied, or statutory, including impliedwarranties of merchantability or fitness. 

 

15. REMEDIES AND LIMITATION OF LIABILITY - www.bestarpipe.comshall not be liable for incidental or consequential losses, damages, orexpenses arising directly or indirectly from the sale, handling or use of thegoods, or from any other cause relating thereto.  www.bestarpipe.com's liability, in any case,including for claims of breaches of warranty or negligence is exclusivelylimited, at www.bestarpipe.com's option, to the replacement of goods notcomplying with this agreement, the repayment of, or crediting Buyer with, anamount equal to the purchase price of such goods, or repairing or arranging forrepair of the goods. If  www.bestarpipe.comrequests the return of the goods, the goods will be redelivered to www.bestarpipe.comin accordance with Our www.bestarpipe.com's instructions. The remediescontained in this paragraph constitute the sole recourse of Buyer against www.bestarpipe.comfor breach of any of www.bestarpipe.com's obligations, whether of warranty orotherwise. As long as www.bestarpipe.com makes a good faith effort to rectifyany breach, the remedies provided for herein shall be deemed satisfied. 

16. SELECTION - Buyer represents that thegoods sold hereunder are fit for their actual or intended use and that Buyerplaced no reliance on www.bestarpipe.com's skill or judgment in selectingsuitable goods or materials or in the design of suitable goods and materials.Buyer represents that the use and installation of the goods shall be made incompliance with all applicable government requirements. Buyer will defend,indemnify and hold harmless www.bestarpipe.com, its successors, assigns andsubsidiaries from and against all costs (including attorney's fees), damagesand liabilities resulting from actual or alleged claims asserted or anypenalties proposed or assessed www.bestarpipe.com for any alleged violation ofany federal, slate or local law, rule, regulation or standard, by reason of orin connection with any use of the goods delivered hereunder. 

 

17. CHOICE OF LAW - This agreement andmatters connected with the performance thereof shall be construed in accordancewith, and governed by, the law of the State of Florida as if it were executedand performed entirely within the State of Florida. Further, it shall beconstrued to be between merchants. 

 

18.GENERAL - www.bestarpipe.com specifically represents that any goods to bedelivered hereunder will be produced in compliance with the requirements of theFair Labor Standard Act of 1939, as amended. 

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