No.1. RETURN OF PRODUCTS --- Goods cannot be returned, and orders once accepted by Anping Tian Yue Welded Wire Mesh Co.,Ltd. cannot be canceled, except upon the written approval of Anping Tian Yue Welded Wire Mesh Co.,Ltd. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by Anping Tian Yue Welded Wire Mesh Co.,Ltd. Customers returning goods are responsible for freight charges, and shall be assessed a restocking fee of $100 or 20% of the order, whichever is greater.
No.2. FORCE MAJEURE ---Anping Tian Yue Welded Wire Mesh Co.,Ltd. shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Anping Tian Yue Welded Wire Mesh Co.,Ltd. may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which Anping Tian Yue Welded Wire Mesh Co.,Ltd. deems fair and reasonable. In no event shall Anping Tian Yue Welded Wire Mesh Co.,Ltd. be liable for special or consequential damages for any delay for any cause.
No.3. REASONABLE ATTORNEY'S FEES --- In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to Anping Tian Yue Welded Wire Mesh Co.,Ltd. in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
No.4. LIABILITY --- Anping Tian Yue Welded Wire Mesh Co.,Ltd. shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Anping Tian Yue Welded Wire Mesh Co.,Ltd. shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Anping Tian Yue Welded Wire Mesh Co.,Ltd. in the condition claimed. If such timely claim is made by Buyer, and the claim is deemded valid by Anping Tian Yue Welded Wire Mesh Co.,Ltd. , Tianyue Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's option, crediting Buyer with the invoice price of the deficiency.
No.5. WARRANTY --- All goods sold by Anping Tian Yue Welded Wire Mesh Co.,Ltd. are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassignable and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of Anping Tian Yue Welded Wire Mesh Co.,Ltd. has any authority to bind Anping Tian Yue Welded Wire Mesh Co.,Ltd. to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to Anping Tian Yue Welded Wire Mesh Co.,Ltd. in writing within five (5) days from the date the goods are received by Buyer.
Anping Tian Yue Welded Wire Mesh Co.,Ltd. shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods.Anping Tian Yue Welded Wire Mesh Co.,Ltd. disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
No.6. REMEDIES AND LIMITATION OF LIABILITY --- Anping Tian Yue Welded Wire Mesh Co.,Ltd. shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If Anping Tian Yue Welded Wire Mesh Co.,Ltd. requests the return of the goods, the goods will be redelivered to Anping Tian Yue Welded Wire Mesh Co.,Ltd. in accordance with Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against Anping Tian Yue Welded Wire Mesh Co.,Ltd. for breach of any of Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's obligations, whether of warranty or otherwise. As long as Anping Tian Yue Welded Wire Mesh Co.,Ltd. makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
No.7. SELECTION --- Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on Anping Tian Yue Welded Wire Mesh Co.,Ltd. 's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Anping Tian Yue Welded Wire Mesh Co.,Ltd. its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Anping Tian Yue Welded Wire Mesh Co.,Ltd. for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
No.8. CHOICE OF LAW --- This agreement and matters connected with the performance thereof shall be construed in accordance with, and governed by, the law of the State of Florida as if it were executed and performed entirely within the State of Florida. Further, it shall be construed to be between merchants.
No.9. GENERAL --- Anping Tian Yue Welded Wire Mesh Co.,Ltd. specifically represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standard Act of 1939, as amended.