2.
BILLING OF ORDER. This order will be billed once
confirmation has been made by email, Telephone
or ground mail. The invoice shall be due and payable
upon receipt. Once you place an order on ClientSideNews.com
it will be processed once payment is received.
The delivery date of your order will vary based
on when payment is received and the date the order
is placed. Monthly trade magazines generally take
8-12 weeks for delivery of the first issue. Other
trade publications and journals may take longer.
3
. LIMITaTION OF WaRRaNTY. THERE aRE NO WaRRaNTIES,
EXPRESSED OR IMPLIED, THaT EXTEND BEYOND
THE DESCRIPTION ON THE FaCE HEREOF, INCLUDING
aNY IMPLIED WaRRaNTY OF MERCHaNTaBILITY OR
WaRRaNTY OF FITNESS FOR a PaRTICULaR PURPOSE.
However, Seller warrants that the goods sold shall
conform to the description and quantity specified.
If the sale is based upon a sample, the sample
shown by Seller to Buyer was for demonstration
purposes only, and Seller makes no warranty that
the goods delivered shall conform to the sample;
nonconformity of the goods to the sample is not
a part of the basis of the bargain between Seller
and Buyer. If this order includes goods which
have been fabricated in accordance with drawings
or renditions by Buyer, those goods are only warranted
to be in substantial compliance with the descriptions
of any such drawings
4.
LIMITaTION OF LIaBILITY. SELLER’S LIaBILITY
SHaLL BE LIMITED TO THE COST OF REPLaCING REJECTED
GOODS TO THE POINT OF DELIVERY aS SPECIFIED IN
THIS ORDER WITHIN a REaSONaBLE PERIOD OF TIME
FOLLOWING PROPER aND TIMELY DaMaGES, OF aNY NaTURE
WHaTSOEVER, aRISING FROM NONCONFORMITY OF GOODS
OR DELaY IN SHIPMENT.
5.
REJECTION. a rejection of the goods by Buyer shall
not be effective unless it is made and written
notice thereof is
given to Seller within five (5) days after the
goods arrive at the destination specified on this
order acceptance.
6.
DEFaULT. If Buyer becomes insolvent or makes any
default hereunder or under any other contract
between the
parties hereto, Seller at its option may defer
delivery hereunder until default is cured, or
may treat default as a
repudiation by Buyer of this order in its entirety,
resell the goods and hold Buyer liable for such
damages as Seller
may incur, including consequential and incidental
damages.
7.
FaILURE TO TaKE DELIVERY. If the Buyer fails to
take delivery, the goods shall be held at Buyer’s
sole risk in all
respects. Nevertheless, Seller, acting as Buyer’s
agent and at Buyer’s expense, may thereafter
store, insure and/or
otherwise protect the goods or may resell same
for buyer’s account.
8.
CaNCELLaTION. Except as otherwise provided herein,
this order shall not be cancelled except by mutual
consent or by giving 60 days notice. If Buyer
is in default by failure to pay any previous invoice
within credit terms at the expected date of shipment
of this order, or if Seller has received any adverse
credit information about Buyer, Seller may delay
shipment and/or cancel this order acceptance.
9.
FORCE MAJEURE. Seller shall be free from any liability
for delay or failure in shipment arising from
strikes, lockouts,
labor troubles of any kind, accidents, perils
of the sea, fire, earthquake, civil commotion,
war, government acts,
restrictions or requisitions, failure of manufactures
or suppliers to deliver, bankruptcy or insolvency
of manufacturers
or suppliers, suspension of shipping facilities,
act or default of carrier or any other contingency
of whatsoever nature
beyond Seller’s control affecting production,
transportation to boarding point, loading, forwarding
or unloading at
destination of the goods covered by this contract
including disturbances existing at the time this
contract was made. In
such a situation, if shipments or delivery is
not make during the period contracted for, Buyer
shall accept delivery
under this contract when shipment is make; provided,
however, Buyer shall not be obligated to accept
delivery if
shipment is not made within a reasonable time
after the cessation of the aforementioned impediments
or causes.
10.
LEGaL PROCEEDINGS. The parties agree that any
legal proceeding brought to enforce the terms
and conditions of
this order acceptance shall be conducted in the
appropriate court located in Colorado, USa. This
order acceptance
shall be governed by the laws of the State of
Colorado, USa.
11
. BINDING EFFECT. If any clause of this order
acceptance is determined by any tribunal to be
unenforceable, the
clause shall be deleted, and the balance of the
order acceptance shall be binding upon the parties.