1.Buyers signature on the reverse side signifies that the Buyer has received and inspected the goods and accepted them in their existing condition.
2. The prices charged for the goods shall be at Seller’s current price list, unless the price is specified on the face of this Delivery Receipt. Invoices will be paid within thirty (30) days -from the date of the invoice for the goods. Invoices will be net thirty (30) days. Accounts not paid in full in the first thirty (30) days after billing are subject to a finance charge of 1.60% for the first $1,000 of the balance and 1% per month on that portion of the balance in excess of $1,000. Annual percentage rate is determined by multiplying the period rate by twelve (12)
3. The amount of the present or future sales revenue, excise or other taxes applicable to the goods shall be added to the purchase price and be paid by Buyer. or in lieu thereof, Buyer shall provide Seller with a valid tax exemption certificate.
4. Seller shall not be liable for any loss, damage or injury of any kind to Buyer or any successor of Buyer or subsequent purchaser of the goods from Buyer caused by or in any manner arising out of the goods. and Buyer hereby indemnifies and holds Seller harmless from and against any and all such losses, damages or injuries. In no event shall Seller be liable for consequential or special damages whether foreseeable or not, including but not limited to lost profits, in no event shall Seller be liable to Buyer for any amount in excess of the purchase price of the goods.
5. Seller warrants that the goods are as described on the reverse side hereof, but no other express Warranty is made to the goods. If any model or sample was shown Buyer. such model or sample was merely to illustrate the general type of quality of the goods and not to represent that the goods would necessarily conform to the model or sample.
THE GOODS SOLD UNER THIS CONTRACT ARE PURCHASED BY THE BUYER ‘AS IS.’ THE SELLER DOES NOT WARRANT THAT THEY ARE OF MERCHANTABLE QUALITY OR THAT THEY CAN BE USED FOR ANY PARTICULAR PURPOSE
6. Risk of loss of, and title to the goods shall pass to Buyer upon delivery.
7. The invalidity in whole or in part of any condition or provision herein shall not affect the validity of any other condition or provision. No modification or rescission of the terms herein shall he binding upon the parties unless the modification or rescission is in writing and signed by both Buyer and Seller,
8. The rights of the parties hereto shall be governed by the laws of the State of California. Each of the parties hereto consents to and agrees that the sole and exclusive jurisdiction for the resolution of any dispute shall be within the County of Los Angeles, State of California. The seller may, in the Seller’s sole discretion, elect to arbitrate any dispute arising hereunder before a single arbitrator in accordance with the rules and regulations of the American Arbitration Association. The prevailing party in any action shall be entitled to recover reasonable attorneys’ fees and costs of suit.
9. This writing intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms and conditions of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used hereunder. Acceptance or acquiescence in a course of performance rendered shall not be relevant to determine the meaning of this agreement even though the accepting acquiescing party has knowledge of the nature of the performance and opportunity for objecting. Whenever a term defined by the California Commercial Code is used in this agreement, that definition is to control.
10. No agent, employee or representative of Seller has any authority to bind Seller to any affirmation. Representation or warranty concerning the goods subject to this agreement and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included herein. It does not form a part of the basis of the bargain and shall not in any way be enforceable.