- Acceptance: Unless otherwise provided, it is agreed that sales are made on the terms, conditions, and warranties contained herein, and to the extent of any conflict, these terms shall take precedence over Buyer’s terms and conditions. Seller shall not be bound by Buyer’s terms and conditions unless expressly agreed to in writing. In the absence of written acceptance of these terms, acceptance of or payment for the articles purchased shall constitute an acceptance by Buyer of these terms and conditions.
- Valid Email Address: For Internet purchases, Buyer is required to provide an accurate email address to enable Seller to communicate with the Buyer throughout the order process. It is agreed that Seller will not be responsible for any damages as a result of Buyer’s failure to provide and maintain a valid email address.
- F. O. B. Point: All sales are made F. O. B. point of shipment. Title to articles sold shall pass to Buyer at the F. O. B. point. After delivery to the F. O. B. point, risk of loss or damage to articles shall be borne by Buyer, the carrier acting as Buyer’s agent. Unless specific instructions from Buyer specify which method of shipment to be used, the Seller will exercise his own discretion.
- Taxes: All prices are exclusive of all federal, state, and local excise, sales, use, and similar taxes. Such taxes, when applicable to this sale or the articles sold, will appear as separate additional items on the invoice unless Seller receives a properly executed exemption certificate from Buyer prior to shipment.
- Patent and Copyright: The sale of the articles furnished hereunder does not convey any license by implication, estoppel, or otherwise, under any proprietary or patent rights of Seller.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS OR COPYRIGHTS
- Limitation of Liability: No action shall be brought for any breach of contract more than one (1) year after the accrual of such cause of action, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. Buyer’s sole remedy is to request Seller, at Seller’s option, to either refund the purchase price, repair, or replace items that are not as warranted.
- Export Compliance: Articles purchased from Seller are subject to control under the U. S. Export Administration Regulations administered by the U. S. Department of Commerce’s Bureau of Industry and Security and other applicable U. S. export control and sanctions regulations. Buyer agrees it will comply with the export laws and trade sanctions of all applicable countries and will not export, re-export or transfer purchased articles without the required license(s) or to any prohibited destination or for a prohibited end-use. Buyer represents and warrants it is not ineligible or otherwise restricted by the U. S. or applicable law to receive articles from Seller. Seller reserves the right to refuse and/or cancel any order if, at any time, the Seller believes that any export controls or trade sanctions may be violated.
- Jurisdiction: This acknowledgement is entered into in, and shall be governed by and construed in accordance with the laws of the State of Washington. By execution hereof, Buyer agrees to be subject to the jurisdiction of the courts of the State of Washington.
- General: Buyer acknowledges that he has read and understands these Terms and Conditions and agrees to bound by them, that it is the complete and exclusive statement of the agreement between the parties and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter hereof. No waiver of any breach or any provision of these terms shall constitute a waiver of any other breach or provision.