1. COMPLETE AGREEMENT
This invoice, including these terms and conditions of sale, constitute the entire understanding between Great Western Ink, Inc. (“Seller”) and the Buyer with respect to the goods sold under this agreement, superseding all other understandings, written or oral. No modifications of any of the provisions of this invoice shall be binding upon the parties unless made in writing and signed by a duly authorized representative of each party.
2. WARRANTIES
Great Western Ink, Inc. makes no representation or warranty of any kind, expressed or implied, as to the merchantability, fitness for a particular use or purpose, or any other matter with respect to the goods it manufactures, whether used alone or in combination with any other material. Goods manufactured by third parties and distributed by Seller shall be subject to the manufacturer’s warranty.
3. LIMITATION OF LIABILITY
Buyer’s exclusive remedy and Seller’s total liability for any and all losses and damages arising out of any cause relating to the sale of these goods (whether such cause be based in contract, negligence, strict liability, or other tort) shall not exceed the purchase price of the goods from which such cause arises, and in no event shall Seller be liable for incidental, consequential, or punitive damages resulting from any such cause.
In no event shall Seller be liable for damages caused directly or indirectly by any delay in delivery.
4. CLAIMS
The Buyer shall examine goods for any damage, defect, or shortage and shall notify Seller in writing within ten (10) days of receipt. Shipments containing 2% more or less than the quantity specified shall be deemed an acceptable quantity.
5. TECHNICAL ADVICE
It is understood that any technical advice provided by Seller with reference to the use of goods is given gratis and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer’s risk.
6. HAZARDOUS COMMUNICATIONS
Buyer acknowledges that goods sold under this agreement are or may be hazardous to human health and Buyer assumes all risks and liability for the use of such goods. Seller agrees to furnish Buyer with Material Safety Data Sheets (MSDS) upon Buyer’s request or as required by law. Buyer shall be responsible for the proper use and disposal of these goods and shall provide such information to their employees as is required to provide for the safe use, handling, and disposal of these goods in accordance with applicable laws.
7. RETURN OF GOODS
Goods shall not be returned without Seller’s authorization (an authorization number must be clearly visible on the outside of any returned shipment).
8. FINANCE CHARGES AND COLLECTION COSTS
Seller reserves the right to charge one and one half (1.5%) interest (or the maximum legal rate, if it is greater) on overdue balances. Buyer shall be liable and reimburse Seller for any costs and expenses, including collection agency and attorney fees, incident to the collection of any delinquent account.
9. APPLICABLE LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Oregon.
