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Cash on delivery (COD) RETURNS Although every attempt has been made to ensure the accuracy of this web site, ASI is not responsible for typographical errors. Specifications and prices are subject to change without notice. No Warranties: Disclaimer: Limitation of Liability: Unless otherwise specifically set forth on the sales order or herein to the contrary. The goods are sold by American Surplus Inc ("ASI" or "Seller" ) to Buyer "As is", "Where is" . Seller makes no express, oral, or written, or implied warranties of any kind whatsoever, including, but not limited to, warranties of merchantability and fitness for a particular purpose or any other matter. Seller shall not be liable in event for any special incidental and/or consequential damages or expenses of any kind, including, but not limited to, lost profits or revenue. No employee or agent of ASI has the authority to make any representation or warranty with respect to goods sold hereunder. It is the responsibility of buyer ( and not ASI ) to determine the suitability of the goods for their intended use or fitness for any particular purpose. Assignment of Warranty: If the goods sold hereby are new, ASI makes no warranty of any kind or nature with respect to the same as set forth above. (Item 1), but does hereby assign, convey, transfer, and deliver to buyer all of ASI's right, title and interest in and to any such warranty made by the Manufacturer(s) of the goods sold hereby to the entire extent that any such warranty(s) is/are extended to ASI, by the manufacturer thereof. No Cancellations: Orders are not subject
to cancellation, except with the written consent of ASI, which need not be
given. Returned Goods: Goods purchased may not be returned without written permission from ASI. A restocking fee of 20% will be made on all returned material. Only merchandise credit therefore (valid for one hundred and eighty (180) days only ) will be issued to buyer. Refused Goods: Orders refused by Buyer will be subject to a restocking fee of 20%, costs of labor, and freight charges. F.O.B Point: ASI goods sold hereunder shall be delivered F.O.B. its facility, East Providence, R.I. and shall be at the risk of Buyer from the time the goods are delivered to the carrier by ASI at the point of shipment (ASI Facility), unless other delivery terms and/or conditions are specifically stipulated by ASI and buyer herein. Damage in Transit: For its protection, Buyer should examine each shipment carefully if there is any evidence of damage or shortage in transit, Buyer should insist that delivering carrier make appropriate notation on the freight bill before Buyer signs it. If concealed damage is discovered after receipt of shipment, Buyer should immediately notify the carrier, requesting an inspection report to support any claim Buyer may have. Any claim for damages or shortage in transit must be filed with the delivering carrier. ASI will not accept returns of merchandise damaged in transit. Buyer's recourse is with the delivering carrier. Past Due Accounts: All accounts, if not paid when due, are subject to a 1 1/2% per month carrying charge until paid in full. Indemnification: Seller shall not be liable to Buyer for, and Buyer shall defend, indemnify and hold seller harmless from, all liability, claim, loss, damage or expense of any kind or nature including, but not limited to, Attorney's fees, caused or allegedly caused, directly or indirectly by (a) the possession, use or performance of the goods by Buyer, (b) any interruption or loss or service, use or performance of the goods, (c) any loss of business or profits or any special, incidental or consequential damages, even if the Seller shall have knowledge of the possibility of such potential loss or damage, (d) damage to the goods or other property under any theory, and (e) injuries to persons occurring due to the acts or negligence of Buyer and/or any third parties. Costs of Collection: In the event that all or any part of the amount due hereunder is not paid, as required, all costs of collection of the same (including Attorney's Fees and costs of litigation) incurred by ASI shall be paid by Buyer to ASI. Governing Law: The validity, interpretation and legal effects of all contracts, agreements and sales/purchase orders shall be governed by, and the rights and liabilities of the parties thereto shall be determined in accordance with, the laws of the State of Rhode Island, and, for the purpose of resolving any issue pertaining to conflicts of laws, all acts to be performed and/or observed there under shall be deemed to be fully and solely performed and/or observed within the State of Rhode Island. |
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