1. Terms and Conditions- NOTWITHSTANDING ANY INCONSISTENT OR ADDITIONAL TERMS THAT MAY BE EMBODIED IN YOUR PURCHASE ORDER, WE ACCEPT YOUR ORDER ON THE EXPRESS CONDITION THAT YOU ASSENT TO THE TERMS CONTAINED BELOW, AND YOUR ACCEPTANCE AND RECEIPT OF THE GOODS SHIPPED HEREUNDER SHALL CONSTITTUTE ASSENT TO SUCH TERMS. This document constitutes the full understanding of the parties and no terms, conditions, understanding or agreement purporting to modify or vary the terms of this document SHALL BE BINDING UNLESS HEREAFTER MADE IN WRITING AND SIGNED BY THE PARTY TO BE BOUND.
2. Sales- Goods are for sale "As is, Where is," subject to prior sale and, unless otherwise agreed to in writing by Seller, in their present location. The description and condition are correct to the best of our knowledge, but do not constitute a warranty or representation that the Goods shall conform to such description or condition. The description is for the sole purpose of identifying the Goods for sale. We recommend your on-site inspection to verify details. Except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO GOODS, whether used alone or in combination with other substances. If a supplier of the goods hereunder fails to make specified delivery, Seller reserves the right to cancel the order and be relieved of any claim arising from said cancellation by refunding any payments made against such order. Buyer shall reimburse Seller for all taxes, excises or other charges which Seller may be required to pay to any government upon the sale, production, or transportation of the Goods sold hereunder.
3. Inspection and Indemnification- Buyer has inspected the Goods or hereby acknowledges Seller's recommendation that the Goods be inspected and refuses to so examine them and agrees that the Goods are hereunder sold "AS IS" and "WITH ALL FAULTS." Buyer assumes all risks from handling, storage, resale, disposal, or from other use or disposition of the Goods. Buyer agrees to indemnify and save the Seller and its employees harmless against any and all liabilities, penalties, demands, claims, causes of action, suits losses, damages, costs, and expenses (including cost of defense, settlement and reasonable attorneys' fees) whatsoever arising from or growing out of possession, handling, or use by the Buyer or by others of Goods purchased. Upon the request of Seller, Buyer shall promptly defend such demand, claim, cause of action or suit. Buyer further agrees to make full reimbursement to Seller for any damages, including loss of use, to existing property of Seller arising from or growing out of possession, handling, or use by Buyer or by others of Goods purchased. In no event and under no circumstances shall Seller be liable for incidental or consequential damages.
4. Warning- Buyer shall recognize that flammable, toxic, or other hazardous materials may have been heretofore used in or in contact with such Goods. Therefore, Buyer expressly assumes all risk of and responsibility for injury or damage to the Buyer or others based on or arising out of possession, handling, or use by Buyer or by others of any such Goods for any purpose whatsoever. In the event any sales are made on an f.o.b. origin basis (Seller's Plant) Buyer shall assume all responsibility in connection with the Goods upon delivery thereof to a common carrier.
5. Hazards Liability- Buyer agrees that the goods may not incorporate approved activating mechanisms, operating safety devices, or safety guards required by OSHA or otherwise, and may not comply with applicable Federal, State or local operating, electrical, environmental or other requirements. It is Buyer's responsibility that Goods purchased from Seller be so equipped and safeguarded to meet OSHA, EPA or any other Federal, State , local or other requirement before placing such Goods into operation. Buyer should contact the manufacturer for up to date safety information and guarding. Buyer shall familiarize itself and keep informed with respect to any hazards to persons or property involved in handling or using the Goods described herein. Buyer shall advise its employees, independent contractors and others how to handle and use the equipment for Buyer and shall take such action as is reasonably necessary to advise others including without limitation, customers of Buyer if applicable.
6. Insurance- Buyer shall not move, load, transport or otherwise handle the goods on Seller's premises without first having obtained insurance coverage. Such insurance shall include Workmen's Compensation, Employer's Liability, Public Liability (Bodily Injury, Property Damage and Contractual Liability) and Automobile Liability (Bodily Injury, Property Damage) Insurance. Certificates of Insurance evidencing the aforementioned insurance coverage shall be furnished to Seller upon request.
7. Miscellaneous- Title to these goods to remain with Seller until payment is received in full. A finance charge of 1.5% per month will be charged on all past due accounts. The contract is to be construed according to the laws of the state of South Carolina.
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