Terms & Conditions
1. PRICING AND PAYMENT TERMS.
a. Listed product prices, unless otherwise agreed to or noted, do not include freight, taxes or duties. Freight charges and taxes are added at checkout. Prices are subject to correction or change without notice.
b. Payment is due at purchase.
The buyer is responsible for all freight and other delivery charges. Expedited shipping charges may be assessed to the Buyer.
a. Seller warrants that its products will be free from defects in materials and workmanship for a period of one year from date of shipment.
b. Seller makes no other warranty whatsoever with respect to the goods, including any (a) Warranty of merchantability; or (b) Warranty of fitness for a particular purpose; or (c) Warranty of title; or (d) Warranty against infringement of intellectual property rights of third party; whether express or implied by law, course or dealing, course of performance, usage of trade or otherwise.
c. Seller’s sole obligation for any defective product shall be, at Seller’s option, to either replace the defective product or issue a refund to the buyer for the purchase price of that product.
4. LIMITATION OF LIABILITY.
a. Seller is not liable for any incidental, indirect, consequential, or punitive damages.
b. In no event shall the aggregate liability of Seller exceed the purchase price of the product(s) that are the subject of the claim.
c. Any proceeding commenced by Buyer shall be commenced within one year from the date on which the cause of action relied upon accrued.
5. FORCE MAJEURE.
Seller is not liable for any failure to perform or delay in performance if caused by a force majeure event or any other circumstance or cause beyond Seller’s reasonable control, whether that cause or event was foreseeable or unforeseeable at the time of the purchase.
6. APPLICABLE LAW.
Unless otherwise specifically agreed any disputes hereunder shall be governed by the laws of Ohio, without giving effect to any choice of law provision or rule, and Buyer hereby submits to the exclusive jurisdiction to the state and federal courts of Ohio.
7. MODIFICATION AND WAIVER.
Any alteration or modification of these terms and conditions shall be by agreement of the parties and shall not be binding on Seller unless made in writing and agreed to by a duly authorized official of Seller.