CALIFORNIA MANTEL, INC.
ALL TERMS ARE SUBJECT TO CHANGE
The purchaser/customer identified on this document hereby agrees that
all purchases from CALIFORNIA MANTEL, INC., Inc. are subject to the following
terms, which may be revised from time to time at the discretion of CALIFORNIA
CALIFORNIA MANTEL, INC. is not obligated to accept any or all purchase
orders and each order is subject to CALIFORNIA MANTEL, INC.â€™s
approval in its sole discretion. All purchase orders once accepted by
CALIFORNIA MANTEL, INC. may not be modified or canceled by the purchaser
without the prior written consent of CALIFORNIA MANTEL, INC. All purchases
are subject to the terms of this contract. All additional or conflicting
terms presented in purchaserâ€™s purchase orders or other
documentation shall be deemed explicitly rejected by CALIFORNIA MANTEL,
INC. and shall have no effect whatsoever. In the event of default by purchaser,
including failure to pay or breach of this contract, CALIFORNIA MANTEL,
INC. may, among any other remedies available in law or equity, terminate
this contract, suspend delivery of any products or service and declare
the entire amount due.
Unless approved in writing by CALIFORNIA MANTEL, INC., all purchases must
be paid by check prior to or upon receipt of the goods. Purchaser shall
be responsible for a 1.5% per month interest for all overdue invoices.
CALIFORNIA MANTEL, INC. may, in its sole discretion, amend, suspend, terminate
or otherwise revise any credit terms previously approved even if the purchaser
is not in breach of any agreement or payment obligation.
CALIFORNIA MANTEL, INC. may change specifications and prices of its products
or service or cease to carry any product, with or without prior notification.
CALIFORNIA MANTEL, INC. shall not be responsible for mathematical or clerical
error to any offer or invoice.
All risk of loss shall pass to purchaser upon tender to common carrier,
purchaser or purchaserâ€™s agent at CALIFORNIA MANTEL,
INC.â€™s warehouse or other point so designated by CALIFORNIA
MANTEL, INC. and shall not be responsible for any loss, damage or shortage
thereafter. Purchaser must report in writing all shortages or discrepancies
to CALIFORNIA MANTEL, INC. within 24 hours of receipt. Otherwise, purchaser
shall be deemed to have accepted the goods in satisfactory manner under
the Uniform Commercial Code. Purchaser shall be responsible for all freight
or delivery charges.
All shortage or damages occurred during transit must be reported to the
carrier immediately and CALIFORNIA MANTEL, INC. disclaims any and all
liability in connection with such losses.
CALIFORNIA MANTEL, INC. shall not be liable for delays in delivery or performance,
or for failure to manufacture, deliver or perform due to (i) causes beyond
its reasonable control, or (ii) acts of God, acts of civil or military
authority, governmental priorities, strikes or other labor disturbances,
floods,epidemics, war, riot, delays in transportation or (iii) inability
on account of causes beyond the reasonable control of CALIFORNIA MANTEL,
INC. to obtain necessary materials, components, services or facilities.
In the event of any such delay, the date of delivery or of performance
shall be extended for a period of time equal to the time lost by the delay.
CALIFORNIA MANTEL, INC. disclaims any and all warranties and representations
other than those explicitly specified herein this contract. The limited
warranty extends only to the purchaser whose name is shown on this contract.
Should a product proved to be defective under normal use and service conditions
within the time period specified in this section, CALIFORNIA MANTEL, INC.
will repair, or at its sole option, replace the product without charge
pursuant to its current standard Return Material Authorization procedure.
Unless specified in writing by CALIFORNIA MANTEL, INC., all products under
normal use as intended by CALIFORNIA MANTEL, INC. shall have a one (1)
year limited warranty from the invoice date. This limited warranty does
not cover products damaged by accident, improper installation, unintended
use, misuse, lightning, irregular power, fire, water, or other acts of
nature; or altered or repaired by anyone not authorized by CALIFORNIA
MANTEL, INC. CALIFORNIA MANTEL, INC. shall not be obligated to provide
any warranty service or obligations unless purchaser has paid its purchases
in full under this or any other invoice.
Purchaser must obtain a Return Material Authorization (RMA) number before
returning any product. To request a RMA number, purchaser must furnish
the date and number of the invoice, description of all items returned,
model and serial number and the reason for requesting a RMA number. All
products returned must have the RMA number prominently displayed on the
shipping label and shipped freight pre-paid. Products returned that are
not covered by CALIFORNIA MANTEL, INC.â€™s warranty or
failed to comply with CALIFORNIA MANTEL, INC.â€™s RMA
policy shall be returned and purchaser is subject to a 15% service charge.
IN NO EVENT SHALL CALIFORNIA MANTEL, INC. BE LIABLE FOR ANY LOSS OF USE,
REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR
INABILITY TO USE OF PRODUCTS PURCHASED FROM CALIFORNIA MANTEL, INC. TO
THE EXTEND PERMITTED BY LAW, CALIFORNIA MANTEL, INC. MAKES NO OTHER REPRESENTATIONS
OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND
ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL CALIFORNIA
MANTEL, INC. LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE
In the event that any one or more provisions contained in this agreement
& invoice should, for any reason be held to be unenforceable, it shall
not affect any other provisions contained herein.
This contact shall be governed and construed in accordance with the laws
of the state of California. Purchaser agrees that competent courts shall
have the exclusive jurisdiction over any legal action with respect to
this contract. In the event of any dispute related to this contact, the
prevailing party shall be entitled to reasonable attorneysâ€™
fee and costs.