HOMEPATH PRODUCTS LLC SALES TERMS AND CONDITIONS
Effect of Terms. Unless otherwise agreed in writing signed by an officer of Homepath Products LLC, a Connecticut limited liability company, (“Company”), these terms and conditions shall apply to the purchase of all goods by the buyer (“Buyer”) identified on the ordering page of this web site. Buyer's order is not cancelable, except as may be set forth on such document.
Prices. All prices quoted are subject to change, without notice, at any time prior to Company's acceptance of Buyer's order.
Delivery. Except as specified otherwise on the ordering page, delivery shall be F.O.B. Company's warehouse. Buyer assumes all risk of loss or damage in transit. Company will use its best efforts to make deliveries as scheduled, but delivery dates are approximate only and are based on normal shipping operation. Company shall not be liable to Buyer for any damages which Buyer may claim are caused by late delivery.
Taxes. Unless expressly stated on the order, prices are exclusive of sales, use and other taxes. These taxes and other taxes measured in whole or part by gross receipts applicable to this transaction shall be borne by Buyer. If Buyer claims exemption from any of these taxes, Buyer shall furnish satisfactory proof of exemption.
Inspection by Buyer. Within ten (10) days after tender of delivery to or receipt by Buyer of any shipment, Buyer shall inform Company in writing if the goods are found defective or short in any respect. Failure to so inform Company or use of the goods shall be conclusive that Company has satisfactorily performed. If Buyer rejects any shipment of goods, any return shipment of goods to Company's warehouse shall be at the expense and risk of Buyer.
Returns. For returns of goods tendered under this Contract to be effective, the Company must receive written notice of that return within ten (10) days after delivery. Returns are allowed only if nonconformity is substantial and noncurable. The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by Buyer and Buyer is barred from any remedy. Company has the right to refuse any returned goods or to credit the Buyer with the lesser amount paid, if the goods are damaged through improper packing.
Unavoidable Circumstances. Company shall not be responsible or liable for any loss, damage or delay caused or occasioned by acts of God, fire, strikes, civil or military authority, insurrection or riot, failure of a vendor to make timely delivery of materials, failure of common carriers, the requirements of any statute, order or directive of any governmental authority, or without limiting the generality of the foregoing, by any other cause which is unavoidable or beyond Company's reasonable control.
Limited Warranty. Company warrants to the original purchaser that the goods shall be free from defects in material and workmanship for a period of ninety (90) days from date of shipment. Company's obligation under this warranty is limited to the replacement at its location of any of the goods which are defective in material or workmanship and which are returned to Company within said period with transportation charges prepaid. Replacement by Company shall not extend the warranty period. This warranty shall not apply to goods which have been modified or altered in any way or which have been subjected to misuse, abuse, neglect or improper storage, handling or maintenance. Removal and installation costs are not included under this warranty. Warranty is void if damage to product results from continued use after suspected defect is or should have been discovered. Warranty may not be transferred. COMPANY MAKES NO OTHER WARRANTY. ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, SUCH WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE EXTENT THAT THEY EXCEED THE WARRANTIES EXPRESSLY GRANTED IN THIS CLAUSE. In no event shall Company be liable for any indirect, incidental, special, punitive or consequential loss, damage or expense (which shall include without limitation, any loss of profit or revenue, any loss of goodwill, loss claimed by buyer’s customers, or any loss of business opportunity), of any nature or kind, however arising, whether in contract, in tort or otherwise, even if Company is deemed to be aware of the possibility of such damages. Company’s maximum liability for any claim, loss or damage arising from or in connection with this order shall under no circumstances exceed the purchase price paid to Company for the goods subject to a claim.
Miscellaneous. Company reserves any and all rights and remedies provided by law. This agreement shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to principles of conflicts of laws and all claims and actions related hereto shall be brought in the appropriate state or federal court located in Hartford County, State of Connecticut. Any legal proceeding initiated against Company relating to this contract must be brought within (1) year after the cause of action arises. In any legal proceeding, Buyer shall not be entitled to equitable relief, such as specific performance. The provisions of this document supersede and cancel any previous understanding of agreement between the parties with respect to the subject matter hereof, and, except for clerical errors on the the ordering page, this document shall express the complete and final understanding of the parties.
Updated: 01/09 |