TERMS AND CONDITIONS OF SALE
1. Orders placed as a result of quotations made by Peet Bros. Company, Inc. (hereinafter referred to as the "Seller") or purchase orders submitted by the customer are subject to the Terms and Conditions herein, which shall prevail over any inconsistent terms of customer's purchase order, if any. No terms and conditions in any way altering or modifying the provisions hereof shall be binding upon the seller unless they are specifically authorized in writing by an authorized representative of Seller. No modification or alteration of the provisions hereof shall result by Seller's shipment of goods following receipt of a customer's purchase order, shipping order or other forms containing provisions, terms, or conditions in addition to, in conflict with, or inconsistent with the provisions hereof. There are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein. Price extensions, when made, are for customer's convenience only, and they, as well as any mathematical, stenographic or clerical errors, are subject to correction. Prices shown do not include any sales, use, excise, or other governmental charge payable by Seller to any Federal, State, or local authority. Any taxes now or hereafter imposed upon sales or shipments, including, but not limited to additional charges incurred by Seller as a result of audits conducted pursuant to ICC regulations, will be added to the purchase price and billed to customer. Customer agrees to reimburse Seller for any such tax or to provide Seller with an acceptable tax exemption certificate.
2. Seller shall not be liable for delay or default in delivery and all quotations are contingent upon any cause beyond Seller's reasonable control, including, but not limited to governmental action, strikes or other labor troubles, fire, damage or destruction of goods, manufacturer's shortages, inability to obtain materials, fuel, or supplies, acts of God, or any other cause whatsoever beyond the Seller's control.
3. LIMITED WARRANTY: Seller warrants products manufactured by the seller to be free from defects in material and workmanship under normal use for a period of 365 days after purchase and Seller will repair it free of charge or replace it at no charge, should it become defective under this warranty, providing consumer submits proof of purchase sales slip with the product. During the initial 365 day period after original purchase, Seller will service the product that is returned to Seller, prepaid, at no charge, return postage paid by customer.
This warranty does not apply to any products which have been subject to improper installation, any alterations, unauthorized service, misuse, neglect, accident, lightning, high winds, or other acts of God. and excludes batteries. UNDER NO CIRCUMSTANCES WILL PEET BROS. COMPANY, INC. , ITS REPRESENTATIVES, DISTRIBUTORS, OR DEALERS, BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Goods or components not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to customer by the original manufacturer of such goods, and then only to the extent that is reasonable and customer is able to enforce such warranty or guaranty against the manufacturer of such goods. ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE (DIRECTLY OR INDIRECTLY) UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM A BREACH OF WARRANTY UNDER THESALE, HANDLING, OR USE OF THE GOODS SOLD. SELLER'S LIABILITY HEREUNDER, AND CUSTOMER'S EXCLUSIVE REMEDIES HEREUNDER, EITHER FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ARE EXPRESSLY LIMITED TO THE GIVING OF CREDIT OR REPLACEMENT; PROVIDED, HOWEVER, SELLER MUST BE GIVEN WRITTEN NOTICE, IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS BY CUSTOMER. SELLER MUST ALSO BE GIVEN THEOPPORTUNITYTO INSPECT THE ALLEGEDLY DEFECTIVE GOODS AND IF REQUESTED BY SELLER, THE ALLEGEDLY DEFECTIVE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE A REQUIRED NOTICE WITHIN THE TIME PROVIDED OR FAILURE TO RETURN ANY ALLEGEDLY DEFECTIVE GOODS TO SELLER FOLLOWING SELLER'S REQUEST, CONSTITUTES A WAIVER OF A CLAIM FOR CREDIT OR REPLACEMENT. SELLER'S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT IS LIMITED TO THE EXTENT THAT SELLER IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER, IF ANY, OF SUCH GOODS. NO CREDIT FOR GOODS RETURNED BY BUYER SHALL BE GIVEN WITHOUT SELLER'S WRITTEN AUTHORIZATION.
4. No claim for shortage of goods or damage to goods shall be allowed unless customer, within five (5) days after receipt of shipment, gives Seller written notice of the claim for shortage or damage and in such written notice fully describes the shortage and/or damage alleged. Seller shall not be liable to customer for goods which are damaged or lost while in the possession of a common carrier, and it will be customer's responsibility to recover any and all damages directly from the common carrier.
5. Unless otherwise specifically provided in a separate agreement or invoice: (i) no installation services are included in the price quoted for the goods sold hereunder, and (ii) terms for payment of all goods delivered to customer are Prepaid.
6. This agreement may not be transferred to or assigned to any person or entity without the prior written consent of Seller. Once executed by customer and Seller, customer may not cancel or terminate this agreement. Any change in quantities, delivery schedule, or destination may result in a price adjustment by the Seller.
7. This agreement shall be construed and enforced in accordance with the laws of the state ofFloridawithout regard to principles of conflicts of laws. Seller and customer agree that in any dispute between them relating to this Agreement, exclusive jurisdiction shall be in the trial courts located withinOsceola County,Florida, any objections as to jurisdiction or venue in such courts being expressly waived. A late payment charge equal to 1.5% per month (ANNUAL PERCENTAGE RATE OF 18%), or such lesser amount as required by law, will be added to the account balance each month if the balance of the previous month is not paid during the current billing period. Customer agrees to pay the Seller all costs and expenses of collection, suit, or other legal action, including a reasonable attorney's fee and any collection fees.