These terms and conditions may change. Parts-Mall Corp. reserves the right to update or modify these terms and conditions at any time without prior notice.
Governing Terms All products and services offered for sale by Parts-Mall Corp. are sold subject to the terms and conditions stated herein. These terms and conditions shall apply to the sale of the products and services described in the Parts-Mall Corp. quotation, sales order, invoice, other contract documents to which these terms and conditions are attached or incorporated by reference. Except as expressly agreed by an authorized representatives of Parts-Mall Corp. in document, no other terms and conditions, including any terms and conditions that are attached or contained within buyer's request for quotation, acknowledgement, purchase order or other contract documents shall apply. Buyers' acceptance of the products or services delivered by Parts-Mall Corp. shall be constituted as an affirmation by buyers that the terms and conditions set forth herein govern the purchase and sale of the products or services. THE TERMS OF THIS CONTRACT SHALL REPLACE ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS PROPOSED BY BUYER OR CONTAINED ON BUYER'S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.
Prices and Payment All prices are firm unless agreed to in documents. Parts-Mall Corp. reserves the right to change the prices and specifications of its products at any time without notice. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state, custom or local governmental authority shall be paid by buyer in addition to the price quoted or invoiced. In the event Parts-Mall Corp. is required to prepay any of such tax, buyers will reimburse Parts-Mall Corp. Payment terms shall be T/T, L/C, D/P and any combinations are possible. In addition, Parts-Mall Corp. reserves the right to require pre-paid payment terms from any buyer in principle. Parts-Mall Corp. may also refuse to sell to any customer untill overdue accounts are fully paid.
Delivery and Shipment Parts-Mall Corp. will make every effort to ship the products or provide the services hereunder in accordance with the requested delivery date, provided that Parts-Mall Corp. takes no liability for any losses or for general, special or consequential damages arising out of delays in delivery. All shipment costs shall be paid by buyer, and if prepaid by Parts-Mall Corp., the amount shall be reimbursed to Parts-Mall Corp.
Inspection Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided that if a buyer hasn't given Parts-Mall Corp. a written notice of rejection within 30 days following the shipment, the products shall be deemed to have been accepted by the buyer.
Modifications, Waiver, Termination This contract may be modified and, hereunder, if any breach is found, it may be waived only by a document signed by the party.
Limitation Of Liability In no event shall Parts-Mall Corp. be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequestial damages. Parts-Mall Corp. total liability on any claim of any kind for any loss or damage arising out, in connection with resulting from this contract/performance or breach shall in no case exceed the price allocable to the products, services or units.
Assignment Buyer shall not assign its rights or its obligations under this contract without the written consent of Parts-Mall Corp.
Confidentiality Any party shall keep confidential of any information received from other party pertaining to the products or contract. Be informed that the information received is not always within the public domain.
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