UNLESS OTHERWISE SPECIFICALLY AGREED UPON IN WRITING BY SELLER, THE TERMS AND CONDITIONS OF THE FACE SIDE AND SET FORTH BELOW CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SELLER AND BUYER AND NO OTHER TERMS OR CONDITIONSSHALL BE OF ANY EFFECT. BUYER WILL, BE DEEMED TO HAVE AGREED TO ALL SUCH TERMS AND CONDITIONS IF BUYER ACCEPTS ANY PART OF THE MATERIALS SOLD HEREUNDER. IF ANY SUCH TERM OR CONDITION IS NOT ACCEPTABLE TO BUYER, BUYER MUST SO NOTIFY SELLER IMMEDIATELY. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN THE BUYER’S ORDER OR RESPONSE HERETO SHALL BE DEEMED OBJECTED TO BY SELLER AND SHALL BE OF NO EFFECT.
Any deductions or adjustments to this invoice must be accompanied by supporting document(s).
1. TITLE
Title to the materials sold hereunder passes to the Buyer, and Seller’s liability as to delivery thereof ceases, upon making delivery of such materials in good condition to carrier at Seller’s shipping point, the carrier acting as Buyer’s agent. Seller agrees to assist Buyer in filing claims against carrier, but the filing of such claims shall be the Buyer’s responsibility.
2. QUALITY
The materials sold hereunder shall conform to Seller’s specifications therefore.
3. PAYMENT TERMS
3.1 Goods/Services sold by Xtreme Solutions will be in accordance with prices quoted and later confirmed in writing or as stated on the Price Schedule, which prices are subject to change periodically without notice. The Customer should confirm with Xtreme Solutions the current price prior to placing an order for Goods/Services.
3.2 Payment terms are set under “due date” as specified on invoice unless specified or agreed upon by Xtreme Solutions. All overdue payments are subject to interest charges of one and one-half percent (1.5%) per month or portion thereof from the due date until the date of payment. All payments shall be made in United States currency.
3.3 The prices stated on the Price Schedule do not include any sales, use or other taxes unless specifically stated. Such taxes will be added to invoice prices when required
4. WARRANTY
Warranty and Liability Limitations: Except as provided in the paragraph entitled; “QUALITY”, Seller makes no warranty of any kind, expressed or implied, with respect to the materials To Be Supplied Hereunder Excluding Specifically Any Express or Implied Warranties of Merchantability and/or Fitness for a Particular Purpose. Seller shall not be liable for any loss or damage resulting from the handling, storage, use, or otherwise. Claims on account of weight, loss or damage to the materials shipped hereunder shall be made within ten (10) days of receipt and claims on account of quality of the materials shipped hereunder shall be made in writing within thirty (30) days of receipt. Sellers entire liability for damages by reason of such claim in no event shall exceed the difference between the purchase price of the particular delivery and the fair market value of the good delivered with respect to such damages are claimed this shall constitute purchaser’s exclusive remedy for such damage and seller shall not be liable for additional incidental or consequential damages.
5. DELIVERIES
Neither the Seller nor the Buyer shall be made responsible for the delays of defaults in making or taking any one or more deliveries hereunder where an Act of God, fire, explosion, flood, war, riot, sabotage, embargo, civil or military authorities therefore deeming delivery beyond reasonable control of the Seller.
6. RETURNS
No materials sold hereunder shall be returned to the seller without prior written approval.
Products may be returned to Xtreme Solutions’ corporate headquarters located at: 111 Harding Ave, Bellmawr NJ 08031
Products must be returned unopened, and/or unused. Returns must be received by Xtreme Solutions before any refunds can be made.
Although MOST product are returnable for a full refund, it is the consumers responsibility to provide postage from whichever shipping provider they choose.
7. TAXES
to the price herein will be added all National, State and Municipal taxes which may be imposed against this product or the sale, production, or transportation thereof, or the containers and/or materials used in handling same.
8. PRICE
All prices are F.O.B. Seller’s warehouse shipped via least cost method as determined by Seller.
9. LAW VIOLATION
If any provision hereof is, or becomes, violative of any law, rule, order, or regulation issued hereunder, Seller shall have the right, upon notice of the Buyer, to cancel such provision without effect upon the other provisions, or to cancel further deliveries in their entirety.
10. NEW JERSEY LAW
This invoice and any dispute arising out of or relating to this Invoice shall be governed by the laws of New Jersey, which laws shall prevail in the event of a conflict or law.
11. JURISDICTION
Buyer agrees that any action arising out of or relating to this Invoice or the parties relationship shall be commenced and litigated to conclusion only in any state or federal in New Jersey. Buyer irrevocably submits to the jurisdiction of such court and waives any objection it may have to either the jurisdiction or venue of such court.
12. LEGAL FEES
If Seller retains the services of legal counsel to collect any unpaid balances under this invoice or otherwise seeks, to enforce the terms of this invoice, It shall be entitled to recover all costs and expenses, including reasonable attorney fees, incurred in enforcing the terms of the invoice.
