THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by Customer through the web site or otherwise for the purchase of any product or item ("Products") from Abolox LLC ("Abolox") or its affiliates. By accepting delivery of the products, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and Abolox have signed a separate Agreement covering the purchase of the Products in which case the separate agreement shall govern.
PURCHASE. Upon Abolox's acceptance of a Customer's order, a firm contract for the purchase and sale of the Products will be formed between Abolox and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Products which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.
PAYMENT. If the order is not paid in full at the time of placement, payment is due and payable net 30 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1 1/2% per month, but in no event to exceed the maximum allowable by law. There shall be a $25.00 fee payable on all return checks.
RETURNS. Please see our Shipping and Returns section for details on our return policy.
WARRANTY. Abolox warrants that Abolox is the legal and rightful owner of the Products or that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of any and all encumbrances of any kind.
Customers acknowledge that Abolox is not the manufacturer of any of the Products purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Products must come from the manufacturer. There are no warranties which extend beyond those described. Abolox will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Abolox's liability is limited to the replacement value of the Products.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. ABOLOX DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. Notwithstanding anything to the contrary, in no event will Abolox be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.
TAXES. Customer shall be responsible for any state or local tax (excluding taxes based on Abolox's income or profits) that results from the transfer of title or sale or delivery of the Products purchased hereunder unless a valid and correct tax exemption certificate is furnished to Abolox prior to delivery.
ATTORNEY'S FEES. Should collection be required to be undertaken by Abolox on any account, Customer shall be liable for all costs and attorney's fees incurred in such collection effort whether litigation is required or not.
CREDIT LIMITS. Credit limits and terms shall be subject at all times to Abolox's credit policies, as amended from time to time.
RESERVATION OF RIGHTS. Abolox reserves the right to change at any time without notice these terms and conditions of sale.
MUTUALITY. All debts and obligations of Abolox and Customer to each other are mutual and subject to setoff; for purposes of this sentence, Abolox and Customer shall be deemed to include each of the parties' respective subsidiaries and affiliates which directly or indirectly control or are controlled by such party.