General Terms and Conditions of Sale
All orders are subject to the terms and conditions hereof and subject to acceptance by authorized personnel at Altraco. No modifications hereto shall binding on Seller unless consented to in writing by authorized personnel of Altraco, Inc.
We will send shipments by the fastest and most economical way unless otherwise instructed by Buyer.
Delivery of goods to the common carrier shall constitute delivery thereof to Buyer and thereafter goods shall be at Buyer's risk. Buyer shall file claims for damage to or loss of goods in transit directly with carrier or insurance. If cargo is damaged or short shipped, Buyer must forward to Seller signed copy of the delivery receipt from the carrier where damage or short shipment is noted. Seller shall not be responsible
for any delay in delivery or failure to deliver due to cases beyond the Seller's control including and not limited to riots, strikes, embargoes, domestic and foreign governmental regulations or orders, fires, floods, etc. Buyer may not cancel order for any alleged delays in delivery without giving 15 days prior written notice of intention to do so, and in no event after goods have left the point of shipment.
All prices are subject to change without prior notice. Typographical or similar errors are subject to correction.
All payments must be received at time of purchase by credit card or money order at time or purchase, unless buyer has credit agreement with Seller. In cases where Buyer has a credit account with Seller, payment will be Net 30 days, unless otherwise agreed to in writing with Buyer. In event of default of payment when due, the Seller shall be entitled to interest on such indebtedness from the due date at Seller's prevailing rate, not in excess of rate permitted by law, plus reasonable attorney's or collecting agency's fees, should they be employed to collect such indebtedness after default.
Seller reserves the right to revoke any credit extended to Buyer because of Buyer's failure to pay for goods when due or if in the opinion of Seller there is material adverse change in Buyer's financial condition, and, thereupon, Seller shall have the right to demand payment before further shipment of any goods.
Seller warrants all material conforms to contract specifications. In the event that the product should prove defective in workmanship or material, within 90 days from the date of original purchase for use, it will be repaired or replaced, at our option, free of charge. Warranty does not apply to goods mishandled, or misused, etched, stamped or otherwise marked or damaged. Altraco, Inc. makes no representation or warranty, express or implied, and disclaims any express or implied warranty, including warranties of merchantability and fitness, arising out of or in connection with the sales, manufacture, delivery or use of the product. In no event shall Altraco, Inc. be liable for any claim for incidental or consequential damages arising out of or in connection with the sales, manufacture, delivery or use of the product.
All claims for shortage or inaccurate filling of orders shall be made in writing within 5 days after Buyer's receipt of goods, quality claims shall be made within 15 days from receipt of goods. Seller shall thereupon be afforded a reasonable opportunity to inspect the goods. Seller shall have the right in its discretion either replace defective goods or to refund the relevant portion of the purchase price. No goods may be returned to Seller without its written consent. Seller's liability under the contract shall be limited to the amount of the purchase price. In no event shall Seller be liable for the cost of processing, lost profits, injury to good will, or any other special, incidental or consequential damages.
Waiver by Altraco, Inc. of any breach of these provisions shall not be construed as a waiver of any other breach.
None of the Buyer's rights under any order shall be assigned or otherwise transferred by the Buyer to any other person, whether by operation of law or otherwise, without the Seller's prior written approval.
This contract shall be governed by and construed according to the laws of the State of California.
