ACCEPTANCE
All orders and sales contracts are subject to acceptance or rejection by the
K.R. Anderson Inc. Constitutes a complete and binding contract governed
by the terms and conditions of sale appearing herein and by the laws of the
State of California. Acceptance is at all time subject to availability for delivery
of the goods covered by each order, and to the K.R. Anderson Inc. prices
for said goods in effect at the time of shipment, unless otherwise agreed in
a separate agreement signed by buyer and K.R. Anderson Inc. prices on the
face hereof are those in effect the date this acknowledgement was prepared.
END OF USE
Determination of the suitability of the goods described on the face hereof
for the use contemplated by buyer of buyer's customers for such goods is the
sole responsibility of Buyer or Buyer's customers, whichever the case may be,
and K.R. Anderson Inc. shall have no responsibility in connection therewith.
Buyer assumes all risk and liability for loss, damage or injury to property
of Buyer of others, arising out of the use of possession of the goods furnished
hereunder.
WARRANTY
K.R. Anderson Inc. warrants only that the goods supplied hereunder shall
meet the description or specifications stated herein. Buyer's exclusive remedy
and K.R. Anderson Inc. sole liability hereunder shall be limited to refund
of the purchase price of, or replacement of, all goods shown to be otherwise
than as warranted and K.R. Anderson Inc. shall in no case be liable otherwise
for incidental or consequential damages. Provided, nothing contained therein
shall limit the Buyer's right to recover consequential damages for injury to
his person when the goods purchased are consumer goods. Said refund or replacement
is conditional on Buyer giving K.R. Anderson Inc. notice within ninety
(90) day period shall constitute a waiver by Buyer of all Claims hereunder with
respect to said goods. If requested by K.R. Anderson Inc., Buyer shall
promptly return to K.R. Anderson Inc. plant all unconsumed goods alleged
by Buyer to be otherwise than as warranted and K.R. Anderson Inc. will
pay freight thereon.
“THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN EXPRESS
OR IMPLIED WARRANTIES AND K.R. ANDERSON INC. HEREBY EXPRESSLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY AGAINST INFRINGEMENT, OF MERCHANTABILITY, OR
FITNESS FOR PURPOSE OF THE GOODS SUPPLIED HEREUNDER ALL SAID GOODS BEING SUPPLIED
BUYER AS IS.”
TITLE AND RISK OF LOSS
Title and risks of loss or delay to all goods supplied hereunder shall pass
to Buyer upon K.R. Anderson Inc. delivery thereof to carrier at shipping
point.
QUOTATIONS
Unless otherwise specified, quotations are for information only and are not
intended as an offer and are subject to change without notice in all respects,
including prices, delivery dates, terms, quantities, or specifications.
FREIGHT TERMS
F.O.B. Origin, Freight Collect. For small package service (i.e. UPS, FedEx
ground), shipments will be made F.O.B. origin, with freifht prepaid and added
to invoice. The most economical routing will be used at the discretion of
K.R. Anderson Inc. Additional transportation costs incurred at Buyer's
discretion or resulting from his request will be at Buyer's expense.
FAIR LABOR STANDARDS ACT
K.R. Anderson Inc. hereby certifies that the goods supplied hereunder
to Buyer were produced in compliance with the requirements of the Fair Labor
Standards Act, as amended, and of regulations and orders of the United States
Department of Labor issued there under.
PAYMENT TERMS
Payment terms are net 30 from invoice date. There will be a 1 1/2 % late charge
per month (18% APR) on past due balances. In the event suit is necessary to
enforce collection, purchaser agrees to pay a reasonable attorney fee and any
court costs incurred.
ENTIRE AGREEMENT
The above terms and conditions, represent the entire agreement between K.R.
Anderson Inc. and Buyer with respect to the sale of goods supplied hereunder
and said agreement cannot be modified except by a new written contract signed
by both K.R. Anderson Inc. and Buyer covering the sale of said goods.