Terms of Sale
SkidSteer Mirrors, LLC Standard Terms and Conditions of Sale
BY AGREEING TO PURCHASE PRODUCT, BUYER EXPRESSLY ACCEPTS THE TERMS SET FORTH HERIN
Acceptance of your purchase order by shipment of any goods ordered constitutes acceptance by Skidsteer Mirrors, LLC (herinafter referred to as “Seller”) and you, the Buyer, of the terms and conditions contained herein. No items stated by Buyer in accepting, confirming, or acknowledging your order shall be binding upon Seller if inconsistent with or in addition to the terms stated herein unless accepted by writing by Seller.
PRODUCT PURCHASE AND PRICES
The products and prices are those stated in your invoice (the “Product(s)”) from Seller at the prices indicated therein. Products are subject to availability.
Products will be shipped F.O.B. shipping point with freight prepaid by Seller. Seller may include a freight and handling charge on invoices. If Buyer requests special shipment and/or air shipment, Seller will prepay the additional charges and add them to the Buyer’s invoice for the products shipped. Risk of loss will pass to the Buyer when the Products have been delivered by Seller to a common carrier for delivery to Buyer.
- By credit card at time of order or
- With prior credit approval, Net 30 days from the date of invoice.
Neither party shall be liable to the other party in respect of any delay or failure to perform that results from any event or cause that is beyond the reasonable control of the party obligated to perform.
This return good policy applies to any Product:
(a) that was shipped in error;
(b) that was inproperly labeled or packaged by Seller; or
(c) that is one which Seller specifically authorizes for return
Seller agrees to accept the return of any such Product for full credit, provided that the Product is returned to Seller within 30 days from the date the Product was received, and the Product is returned to Seller in its original packaging, and undamaged. Products will not be accepted for replacement or credit if they have been in possession of the Buyer for more than 30 days. Seller reserves the right to charging a restocking fee, which the Buyer will be notified of prior to accepting the return. If the Buyer desires to return a Product, the Buyer shall contact the Seller for instructions on how to return the Product and for information on credit or replacement of any purchases Product. Buyer accepts responsibility of return shipping payment. Any custom or special order products may not be returned. Returns based on a defect of a Product must be made to Seller within 30 days from date Product was received.
This Agreement will be effective on the date Buyer orders Product (the “Effective Date”) and will continue until such Product has been delivered to the Buyer, (the “Term”); however, the terms contained herein will govern any dispute related to the sale or use of such Products.
EXCEPT AS IS EXPRESSLY SET FORTH ABOVE, SELLER EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER AS TO MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER. THE REMEDIES SET FORTH IN THIS WARRANTY ARE THE EXCLUSIVE REMEDIES AVAILABLE TO BUYER FOR BREACH OF WARRANTY.
WAIVER OF LIABILITY
THE WAIVER OF LIABILITY BELOW IS OPTIONAL. YOU MAY REFUSE THE WAIVER OF LIABILITY BY PAYING A HIGHER PURCHASE PRICE FOR PRODUCT. IF YOU WISH TO REFUSE THE WAIVER YOU MUST: (1) DO SO IN WRITING PRIOR TO PURCHASING PRODUCT; (2) YOU MUST PAY THE HIGHER PURCHASE PRICE TO SELLER; AND, (3) SELLER MUST ACCEPT IN WRITING YOUR REQUEST TO REFUSE THE WAIVER.
UNLESS YOU HAVE REFUSED THE WAIVER UNDER THE TERMS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPH, YOU AGREE THAT NEITHER SKIDSTEER MIRRORS, LLC NOR ANY PERSON OR COMPANY ASSOCIATED WITH SKIDSTEER MIRRORS, LLC SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OF PRODUCT. THIS WAIVER COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS WAIVER COVERS SKIDSTEER MIRRORS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS WAIVER COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSON INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM USE OF PRODUCT.
Compliance With Laws
Each party shall comply with its obligations under federal, state or other applicable laws or regulations with respect to the performance of this contract.
Seller makes available instructions on the proper use of its Products. Notwithstanding such instructions, Buyer shall be solely responsible for the proper installation, use and maintenance of Product.
Waiver. No Waiver by any party of any breach on the part of the other party will be a waiver of any subsequent breach.
Assignment. Neither party may assign this Agreement to a third party without the prior written consent of the other party.
Independent Contractor Status of Parties. Each party is an independent contractor and not the agent, partner, or employee of the other party.
No Third Party Rights. Nothing in this Agreement shall be construed as creating or giving rise to any rights in third parties or persons other than the named parties to this Agreement.
Governing Law, Construction and Venue. This Agreement shall be governed by and construed under the laws of the State of Wisconsin without regard for principles of choice of law. Any claims, demands, or actions asserted against Buyer shall be brought in the state of courts of Wisconsin, and venue shall be in Douglas County Circuit Court, State of Wisconsin.
Notice. Notices required or permitted under this Agreement shall be made to the contact person at the address identified in the customer’s profile. Notices may be provided by email, fax, or U.S. Postal Service and will be deemed received two (2) days after mailing if by U.S. mail or on the day sent if by fax or email.
Authority. The parties represent that they have the authority to enter into this agreement. The parties further represent that the terms of this agreement are not inconsistent with any other contractual obligations, express or implied, that they may have.