General Terms and Conditions of Sales
1. Definitions: As used in this document, the term “PRODUCTS” shall mean the item(s) offered for sale by MARINE EXHAUST SYSTEMS OF ALABAMA INC. as part of its regular business. The term “MARINE EXHAUST” shall mean “SELLER”; and the term “BUYER” shall mean the person or company purchasing products of MARINE EXHAUST.
2. Other Terms: These GENERAL TERMS AND CONDITIONS OF SALES and the MARINE EXHAUST WARRANTY POLICY STATEMENT contain all the terms that apply to any sale or offer to sell products. MARINE EXHAUST specifically objects to any additional terms contained in any document used by the BUYER. Any acceptance of products by BUYER of any part of the purchase price shall be deemed to be a waiver of any additional or different terms contained in BUYERS documents and an acceptance of these GENERAL TERMS AND CONDITIONS OF SALES unless specifically acknowledge by MARINE EXHAUST work order.
3. Price: Unless otherwise noted, all prices are in U.S. dollars, F.O.B. Fairhope, Alabama. No amount is included in any price for sales, use, privilege, excise or other taxes imposed on or measured by the gross receipts from the sale of product. BUYER shall promptly pay any such charges directly to the governmental authority assessing them or reimburse on demand any such charges paid by MARINE EXHAUST. All prices for products are subject to change without notice, prior sale and availability, on terms acceptable to MARINE EXHAUST.
4. In addition to the purchase price, BUYER agrees to pay MARINE EXHAUST any cost incurred as a result of: (A) changes in the products or delays in delivery requested by BUYER; (B) delays in delivery because the BUYER failed to provide requested information; (C) changes in the laws and rules or regulations that apply to the products after the date of quotation.
5. Payments: All payments shall be in U.S. dollars without offset, bank charge, retention or withholding of any kind. Unless otherwise agreed in writing, all invoices are immediately due and payable upon delivery of products.
6. Collections:Should it become necessary to place BUYERS account for collection, suit or other legal proceeding, the BUYER agrees to pay all cost and expenses of collection, suit or other legal action, including reasonable attorney’s fee and, if necessary, appellate fee.
7. Shipment: Catalog prices do not include crating or shipping cost. Freight charges included in any price are subject to adjustment for actual cost incurred by MARINE EXHAUST. In the event products are shipped outside the continental limits of the United States, all expenses and fees relating to the export documentation, export packing, marking and importation into the country designated shall be the sole responsibility of the BUYER.
8. Payment Terms: Upon approval- NET30 days from invoice date. A time price differential of 1-1/2% per month will be charged on accounts more than thirty (30) days past due. The time price differential is an annual percentage of 18%.
9. Delivery: Any delivery date are estimates only and are subject to change based on, but not limited to, production scheduling and availability of materials.. MARINE EXHAUST will make every effort to meet any promised delivery date, except as noted.
10. Delays: MARINE EXHAUST shall have no liability for any failure to deliver any products.
11. Changes: MARINE EXHAUST reserves the right to change the details of any products provided that such changes shall not impair the performance or critical dimensions of such products. MARINE EXHAUST shall have no liability for any change(s) requested by OWNER.
12. Acceptance: Products shall be inspected upon receipt. Failure of BUYER to notify MARINE EXHAUST of any defects within thirty days or to permit MARINE EXHAUST a reasonable opportunity to correct any defect shall constitute acceptance of the product.
13. Interpretation: BUYER agrees that any sale of or agreement to sell products will be deemed to be made and performed solely in Baldwin County, Alabama, to the exclusion of all other jurisdictions. Any sale of or agreement to sell products shall be interpreted according to the laws of the State of Alabama, except any provision thereof that would direct the application of the laws of another jurisdiction.
14. Limitation of liability: Neither MARINE EXHAUST nor BUYER shall have any liablility to the other for any incidental or consequential damage arising from the sale or use of any products or the failure of either party to fully perform any agreement to sell products. With respect to products not manufactured by MARINE EXHAUST, no representation or warranties of whatsoever nature, directly or indirectly, expressed or implied including but not limited to any representations or warranties with respect to suitablility, durability, fitness for a particular purpose or merchantability. Except to the extent that MARINE EXHAUST can enforce warranties provided by the manufacturers of such parts.
15. Waiver: TThe failure to enforce any provision of the GENERAL TERMS AND CONDITIONS OF SALES shall not be deemed a waiver of such provision. The waiver by either MARINE EXHAUST or BUYER of any breach under these GENERAL TERMS AND CONDITIONS OF SALES shall not be deemed to be a waiver of any subsequent breach of a like or different nature.
16. Warranty: Except as set forth in the MARINE EXHAUST WARRANTY POLICY STATEMENT, as applying to products sold by MARINE EXHAUST, MARINE EXHAUST MAKES NO WARRANTY. EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.