Listing of all the terms and conditions:
1. Except as provided in other sections of this condition, CPSLED (also referred to herein as the “Company”) makes no warranty of any kind, express or implied, except that the products sold hereunder shall be of merchantable quality; and Buyer assumes all risk and liability resulting from use of the products covered by our order. Whether used singly or in combination with other products, CPSLED warrants that material delivered hereunder meets the Company’s product standards as outlined and indicated on the product specification sheet for the material or such other specifications as have been expressly agreed upon with Buyer in writing, if any. There are no express warranties other than those specified herein, there are no warranties which extend beyond the description of the face hereof. No warranties shall be implied herein, with the exception of the 5, 7- and 10-year warranty on products.
2. No claims of any kind, whether as to products delivered for non-delivery of products, shall be greater in amount than the purchase price of the products in respect of which such damages are claimed; and failure to give notice of claim within sixty (60) days from date of delivery, or the date fixed for delivery respectively, shall constitute a waiver by Buyer of all claims in respect to such products. No charges or expenses incident to any claims will be allowed unless approved by an officer of CPSLED. Products shall be returned to CPSLED without the CPSLED’s written permission. The remedy herein provided shall be the exclusive and sole remedy of the Buyer. Any right of the Buyer to consequential damages is excluded.
3. In the event the Buyer fails to fulfill the terms of payment, or in case CPSLED shall have any doubt at any time as to the Buyer's financial responsibility, CPSLED may decline to make further deliveries excerpt upon receipt of cash or satisfactory security.
4. Buyer shall reimburse CPSLED for all taxes, excises or other charges which CPSLED may be required to pay to any Government (national, state or local, upon the sale, production or transportation of the products sold hereunder.)
5. CPSLED shall under no circumstances be responsible for failure or delay in filling an order when due to fires, floods, riots, strikes, freight embargoes or transportation delays, shortage of labor, inability to secure fuel, material, supplies or power at current prices or on account of shortage thereof, acts of God or of the public enemy, existing or future laws or acts of the Federal or State Government (including specifically but no exclusively any orders, rules or regulations issued by any official or agency of any such government) affecting the conduct of the Company's business with which CPSLED in its judgment and discretion deems it advisable to comply as a legal patriotic duty; or to any cause beyond the Company's reasonable control. Units must have surge suppression on existing system. Installation without surge suppression will void warranty.
6. All prices are subject to change without notice.
7. Material to be billed at the price in effect at the time shipment is made.
8. CPSLED warrants that all goods covered by our invoice were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.
9. At Buyer's request, CPSLED, as a matter of courtesy for the sole purpose of good business relationship, may furnish technical assistance and information with respect to compounding or manufacturing techniques or processes usable in connection with the commodities covered by the document. Unless otherwise agreed, all such technical assistance and information will be provided gratis by CPSLED and Buyer assumed sole responsibility for results obtained in reliance thereof. This section does not impose any other or further obligation of liability upon the Company and no further and other obligation may be implied from this section in addition to those sections contained in this condition.
10. Any of the terms and provisions of the Buyer's order which are inconsistent or at variance with the terms and provisions hereof shall not be binding on the Company and shall not be considered applicable to the sale or shipment of the materials mentioned and referred to herein.
11. No waiver, alteration or modification of any of the provisions herein shall be binding on CPSLED, unless made in writing and agreed to by a duly authorized officer of CPSLED. Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any default by the other which may thereafter occur.
12. The terms of these conditions are not assignable or transferrable by Buyer, in whole or in part, except with the written consent of CPSLED.
13. Mutual indemnification by both parties is declared and in effect.