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This page explains:

bullet Our Terms & Conditions of Sale

 

TERMS AND CONDITIONS OF SALE...

The Buyer submitting this online orderform ("Buyer") offers and agrees to purchase the goods described on the order ("Goods") from Kaeser & Blair, Batavia, OH ("Seller") on the terms and conditions set forth in the order and as follows:

1. Orders marked for rush shipment will be shipped approximately 40 days from date order is received in Home Office (unless a specific in-hands date is noted on the order and agreed to by all parties hereto).

2. This order is a firm offer by Buyer. It shall be held open and cannot be revoked for ninety days from the Date hereof. After acceptance by Kaeser & Blair, this Order is not subject to cancellation.

3. This order is subject to acceptance by Kaeser & Blair in Batavia, OH. This order may be accepted by Seller by written confirmation. This order may also be accepted by Seller by commencement of performance or manufacture or by taking steps in preparation for performance or manufacture or by placing an order with a supplier of goods or services included within or constituting this order or by shipment or segregation of the Goods for shipment or by any other appropriate manner or medium reasonable under the circumstances to unambiguously indicate acceptance by Seller of this Order. The choice of the manner or medium of acceptance shall be in the sole discretion of Seller. Seller need not give Buyer notice of acceptance.

4. By virture of acceptance and payment in Batavia, OH, this Agreement shall be deemed to have been entered into and performed in Batavia, OH and shall be construed in accordance with and governed by the laws of the State of Ohio (except its choice-of-law rules). In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall cointinue to be valid and enforceable.

5. This writing constitutes the final expression of the agreement between Seller and Buyer. All terms and conditions of any purchase order or other writing issued by Buyer with respect to this Order which are inconsistent with, additional to or different from the terms and conditions set forth in this writing are null and void. Seller hereby objects to all such inconsistent, additional or different terms and conditions.

6. Terms: F.O.B. shipping point, net-15 days, payable at Batavia, OH. All amounts not paid when due shall bear interest at the highest lawful contract rate from time to time permitted under the laws of the State of Ohio, or, if Buyer is a corporation, then at the rate of 1.5% per month (18% per annum).

7. Buyer shall pay all sales, use, excise or occupational taxes and all other taxes, impositions or duties arising in connection with this sale or the performance of this Agreement or applicable to the Goods after delivery. The total price set forth on the Order does not include costs of shipment and applicable taxes to be paid by Buyer.

8. It is not always possible to manufacture the exact quantity ordered, therefore, it is agreed that overruns or underruns of not more than 10% will be accepted at a pro-rata rate.

9. This is a shipment contract and Seller shall arrange for delivery of the Goods to the destination set forth on the Order in the manner and on the terms and conditions Seller deems appropriate in its sole discretion, subject to any express written shipment directions set forth by Buyer on the Order; Seller may ship the Goods at any time convenient to Seller in a single lot or in several lots. In the event shipment is made prior to the requested shipping date specified on the order, the invoice shall be dated according to such requested shipping date, and, in all other cases, the invoice shall be dated on or about the actual shipping date.

10. Seller shall not be liable for the delay or failure in the performance of any of its obligations under this Agreement where such delay or failure is by reason of any cause or causes beyond the control of Seller, including, but not limited to, acts of God; war; labor disputes; governmental action; laws or regulations; fire; accident; transportation difficulties; delay in or failure to make delivery by a manufacturer or supplier; or inability to obtain labor or materials.

11. Buyer shall indemnify and hold Seller harmless from all liabilities, losses, damages, suits, claims, demands and expenses, including, but not limited to, reasonable attorney's fees and legal expenses, arising in connection with the use of any picture, plate, advertising copy, specifications or material furnished to Seller by Buyer, including, but not limited to, any claim of infringement of a patent, trademark, copyright or other proprietary right or invasion of privacy.

12. Due to the difficulty of proof of loss and the inconvenience and non feasibility of otherwise obtaining an adequate remedy for damages incurred by Seller in the event this order is not paid in accordance with this agreement, Buyer agrees to pay Seller the reasonable attorneys fees and legal expense incurred by Seller in collection plus an additional collection fee of 20% of the unpaid balance, and buyer agrees that such amount is reasonable in light of the anticipated harm that would be caused by Buyers breach.

13. Salespersons have no authority to make or incur any warranty, representation, indebtedness, liability or obligation on behalf of Seller.

14. The Goods are purchased by Buyer solely for advertising or promotion purposes and not for personal, family, household or agricultural purposes. We reserve the right to make improvements in products without notice.

15. All type, art, molds, dies, embroidery tape and film products created or purchased in the manufacture of any product offered for sale by Kaeser & Blair shall be the sole property of the Seller.



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