Order Acceptance Pure® Surfaces (PS) has accepted your (Customer) purchase order under these exact terms only. Any additional or different terms in your order will be construed as proposals and will not become part of our contract with you unless we agree in writing to your additional or different terms.
Security Interest Customer grants to PS a security interest (“Security Interest”) in and to all of Customer’s right title and interest in all of its accounts receivable, inventory and other business goods, equipment, leases, documents, instruments, general intangibles, chattel papers, contract rights, leases or leasehold interests which customer now owns or hereafter acquires and the proceeds therefrom (“collateral”), any and all proceeds of any collateral which includes whatever is now or hereafter received by Customer upon the sale, exchange, collection or other disposition of any item of collateral, whether voluntary or involuntary, whether such proceeds constitute inventory, intangibles, equipment or intellectual property or other assets. The Security Interest shall secure the payment of your order. Customer agrees to do all acts which Secured Party deems necessary or desirable to protect the Security Interest. PS shall be permitted to file and record all applicable UCC documents including but not limited to, a UCC-1 statement.
Limitation of liability PS’s maximum liability to Customer arising out of your order, regardless of the basis of liability or the form of action, will not exceed the total price stated in this order. PS will not be liable to you for any indirect, special, incidental, or consequential damages, however caused, regardless of whether we are advised of the possibility of such damages.
Rejected Goods Customer shall have the right to reject nonconforming goods, or a nonconforming tender only at the point of delivery to Customer. Upon delivery to Customer, Customer shall have the right to return the product only if such nonconformity is the result of a manufacturing defect. Customer’s failure to give notice of any claim of non-conformity within three days from the date of delivery shall constitute an unqualified acceptance of the goods and a waiver by Customer of all claims with respect to the goods.
Right to Cure PS shall have the right to cure non-conformities in the goods or in their tender, provided that PS notifies Customer within three days of notification of the nonconformity of its intent to cure.
Risk of Loss The risk of loss from any casualty to the goods, regardless of the cause, shall initially be with PS up until delivery of the product to Customer.
Warranties PS has published detailed warranty information on its Internet web site at pure-surfaces.com. If you do not have Internet access and wish to obtain a copy of the Warranty, PS will send you a printed copy upon your request.
Governing Law Customer’s order is governed by the laws of the State of California, USA, without regard to its conflicts of laws rules.
Jurisdiction All disputes, litigation or other proceedings arising under or relating to Customer’s order will take place in Orange County, California, USA. You consent to exclusive jurisdiction and venue of the courts located in Orange County, California, USA.
Attorney’s Fees If any action at law or in equity is commenced by either party to enforce or interpret the terms of Customer’s order or these Terms, the party finally prevailing in such proceeding or action shall be entitled to recover from the unsuccessful party reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be entitled.
Force Majeure In the event of interruption of PS’s business in whole or in part by reason of fire, flood, wind, storm, earthquake, war, strike, embargo, acts of God, governmental action, or any cause beyond PS’s control, PS shall be excused form performance until such time as the interruption has passed. Customer shall have the option of canceling or deferring undelivered orders in whole or in part by verbal or written notification to PS.
Read this entire document. These terms are a material part of your order. By accepting the product you ordered from Pure Surfaces (“PS”), you agree that you have read, understood and accepted all of the Terms.