Refund, Returns and Cancellation Policies:
1. F.O.B. POINT
All shipments are F.O.B. shipping point, unless otherwise specified.
2. DAMAGED GOODS
Since all shipments are made F.O.B. shipping point, shortages or damages in transit are the responsibility of the carrier. All claims should be made against the carrier by the consignee. Buyer is responsible for inspecting and determining that the CeramSource, Inc. Material is in usable and acceptable condition within seven (7) days of receipt of shipment. Buyer will return CeramSource Material or dispose of it at CeramSource, Inc.’s sole option in accordance with CeramSource’s written directions. CeramSource, Inc. makes no representations and disclaims all warranties (express or implied) with respect to CeramSource, Inc. Property.
Orders are not subject to cancellations or rescheduling without CeramSource, Inc.’s consent. All special orders are filled with written purchase orders from Buyer. The production, shipments, or delivery of special orders cannot be cancelled or delayed by Buyer and special order goods cannot be returned by Buyer without Seller’s prior written authorization. Any special order which is cancelled or returned is subject, in addition to all other terms or conditions which Buyer may specify, to a 25% cancellation fee. Orders for special goods also are subject to buyer’s acceptance of and payment for production overruns and under runs which are within 25% of the ordered quantity. In the event of an under run, Seller shall not be obligated to fill the balance of the order and buyer shall have no claim against Seller as a result thereof.
4. RIGHT OF POSSESSION
Seller at all times shall have the right, for credit reasons or because of Buyer’s default, to withhold shipments, to recall goods in transit and otherwise to repossess and to store goods in transit and otherwise to repossess and to store goods purchased by Buyer, all at Buyer’s expense. The foregoing shall not limit in any manner or be in lieu of Seller’s other legal and equitable rights and remedies under the Uniform Commercial Code or otherwise.
No returns will be accepted without CeramSource, Inc.’s permission, and will be subject to a 25% restocking charge. Unauthorized returns will be returned collect. Returns are limited to within 90 days after the product original ship date. All returns will be inspected prior to issuing credit to the customer.
All acknowledged delivery dates are subject to strikes, fires, accidents and other contingencies beyond CeramSource, Inc.’s control. It is CeramSource, Inc.’s sincere desire to deliver within the acknowledged delivery but make no guarantee to do so.
7. PRICES.All prices are subject to change without prior notice. We reserve the right to correct printing errors & limit quantities.
8. LIMITATION OF ACTIONS
Any action against Seller shall be commenced within one year after the cause of action therefore has accrued. Failure of Buyer to commence an action within such period shall constitute a waiver and release thereof, and Buyer shall have no further cause of action against Seller for such breach.
9. RISK OF LOSS
The specific terms of payment are as specified in writing by the seller. If the buyer shall fail to make any payments in accordance with the terms and provisions hereof, the Seller in addition to its other rights and remedies, but not in limitation thereof, may, at its option, defer shipments or deliveries hereunder, or any other contract with the buyer, except upon receipt of satisfactory security or of cash before shipment.
10. FORCE MAJEURE
This clause relieves both Buyer and Seller from being liable or obligated upon an extraordinary circumstance beyond the control of the Buyer and Seller. Events such as war, strike, riot, crime, hurricane, flooding, earthquake, volcanic eruption, etc. prevents one or both parties from fulfilling their obligations under the contract.
11. IMPORT/CUSTOMS COMPLIANCE
12. GENERAL INDEMNIFICATION
Buyer will, at its expense, defend, indemnify and hold harmless CeramSource, Inc. and its affiliates and sales agents, and their respective officers, directors, shareholders, and employees, from and against any and all loss, cost, expense, damage, claim, demand or liability, including reasonable attorney and professional fees and costs and the cost of settlement, compromise, judgment or verdict incurred by or demanded of an Indemnitee arising out of, resulting from or occurring in connection with Buyer’s negligence, willful misconduct, or breach of the terms of this Purchase Order. Prior to service or filing of any significant pleading, motion, brief, discovery response or other document on behalf of CeramSource, Inc., the Buyer will provide such documents to CeramSource, Inc. for review and approval, which will not be unreasonably withheld. In no event will the Buyer enter into any settlement without CeramSource’s prior written consent, which will also not be unreasonably withheld