APPLICABILITY All sales, agreements for sale, quotations, proposals, acknowledgments and contracts of sale, including but not limited to purchase orders shall be subject to the following terms and conditions.
CANCELLATIONS Orders are firm and not subject to cancellation without Lund Solutions agreement. A percentage of BUYERS purchase price covering all costs for work done will be applied to cancel orders.
NON-RETURNABLE MERCHANDISE All merchandise covered by this Terms and Conditions of Sale is a special order made expressly for BUYER. All merchandise is non-returnable unless it does not substantially conform to the quoted specifications as determined by Lund Solutions.
TAXES Prices do not include any applicable sales, use, excise or any other tax. Any applicable taxes will be added to prices at time of invoicing and the BUYER agrees to pay the same. BUYERS exempt from taxes must furnish Certificates of Exemption at time of execution of the agreement or such taxes will be charged.
OPEN ACCOUNTS TERMS OF PAYMENT
All invoices are Net 30 Days from date of invoice unless indicated otherwise.
Deposit Requirement— Deposits shall be required as determined by Lund Solutions and in such amounts as stated on the quotation.
Security Interest — BUYER hereby grants and Lund Solutions retains a security interest in the subject matter of this Agreement to secure the payment of indebtedness remaining unpaid hereunder. BUYER agrees to execute financing statements and to perform such other actions as Lund Solutions requires in connection with such security interest.
ACCEPTANCE Acceptance of this offer is expressly limited to the exact terms and conditions of sale contained herein and any attempt to alter or omit any such terms shall be deemed a rejection and counteroffer.
CHANGES Change Orders- Changes in order quantity, specification, delivery destination and or schedule must be delivered to Lund Solutions, in writing and are subject to approval by Lund Solutions and Manufacturer. Any resulting increased cost will be borne by the BUYER.
LIMITATION OF LIABILITY
All goods sold are subject to the manufacturer’s standard express warranties there being no implied warranties as to merchantability or as to the fitness of the merchandise for any particular use.
All orders and deliveries are subject to availability of materials and or merchandise from manufacturers.
No liability shall accrue against Lund Solutions as a result of any breach of contract resulting from any strike lockout, work stoppage, accident, act of God, or any other delay beyond Lund Solutions immediate control, including but not limited to discontinuation or un-availability of merchandise, or any other material.
Lund Solutions shall not be liable for any losses, forfeitures and all other consequential damages whether direct or indirect, and whether or not resulting from or contributed to by the implied default or negligence of Lund Solutions, it agents, employees, subcontractors, and manufacturers, which might be claimed as a result of the use or failure of the goods or services sold. There is no further warranty either express or implied in connection with the design, sale, merchantability or use of the goods and or services except as to title and Lund Solutions liability on its warranty shall in no event exceed the cost of the goods.
Buyer and Seller agree that the buyers’ exclusive remedy is for the repair or replacement of any defective part or product. Buyer agrees that no other remedy applies, whether for incidental or consequential loss, injury or other loss.
HOLD HARMLESS AND INDEMNIFICATION BUYER agrees to indemnify and hold Lund Solutions harmless for all actions, claims or demands of any person, firm or corporation arising out of or in any way connected with the goods and services sold, whether based in whole or in part on the implied default or negligence by Lund Solutions its agents, employees, subcontractors or manufacturers.
ENTIRE AGREEMENT The above terms and conditions represent the full statement between BUYER and Lund Solutions. Any amendments to these terms must be in writing and signed by an officer of Lund Solutions
The undersigned represents that he/ she has the authority to execute this agreement with Lund Solutions on behalf of the firm listed hereon.