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1. PRICE. All payments are processed through the merchant account
used by Seller. All orders are paid in full prior to processing of the
order. All credit card processing is done by a secure Verisign gateway
system.
2. DELIVERY. Delivery of goods shall be as set forth on the face
hereof. Delivery dates are approximate, subject to normal variations customary
in the trade and unforeseen delays. In no event shall seller be liable
for any damages to Buyer arising out of any delay or lateness in shipment.
After acceptance, Seller shall not be responsible for shortage claims
or for cupping, buckling, or shrinking.
3. TITLE AND RISK OF LOSS. Full risk of loss and title passes
to the Buyer upon delivery of the goods to Buyer or to Carrier. Buyer
grants Seller a security interest in the goods to secure payment of the
price in full together with a power of attorney to execute and file, in
the name of the Buyer, a financing statement covering the goods sold by
Seller to Buyers. Upon Buyer's default in payment, Seller may at its option
repossess the goods and sell them. Additional Seller may pursue any other
remedies available at law or in equity.
4. RETURN. Goods may be returned only with the prior written approval
of Seller. Returned items must be referenced to Seller's invoice number
and must be sent freight prepaid to the location directed by Seller. Seller
will collect a minimum restocking charge of 25% of the invoice amount
on returned items. Seller will collect a minimum cost for shipping charges
for the order delivered to Buyer.
5. DISCLAIMER OF WARRANTY. SELLER MAKES NO EXPRESSES OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. ANY USE TO WHICH THE GOODS ARE PUT WOULD BE SUBJECT
TO BUYER'S OWN TESTING AND ACCEPTANCE FOR PURPOSES INTENDED.
IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
6. GOVERNMENTAL REGULATIONS. Seller makes no representation that
the goods comply with any resent or future federal, state or local regulations
or ordinance. Compliance is Buyer's responsibility.
7. COLLECTION COST. In the event Buyer defaults in the terms of
payment, Seller may recover from Buyer all costs of collection, including
without limitation reasonable attorney's fees, whether or not such collection
includes commencement of a lawsuit.
8. LAW. The laws of the state of California shall govern the validity,
construction and interpretation of the rights and duties of the parties
hereto applicable to contracts made among resident of, executed in, and
to be performed in, the State of California.
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