All sales made by DRM & ASSOC. DBA: LEGEND (Legend) to its customers (Purchaser) are subject to these terms and conditions. Purchaser's acceptance of these terms and conditions shall be indicated by any of the following whichever occurs first: (A) Purchaser's written acknowledgment hereof (B) Purchaser's acceptance of any shipment of any part of the items ("Products") specified for delivery, or (C) any other act or expression of acceptance by Purchaser.
Delivery will be made F.O.B. origin as determined by Legend (Seller). Title to the products sold hereunder and all risk of loss or damage shall pass to the Purchaser upon delivery by Legend to the carrier, to purchaser's or purchaser's representative at Legend's facility or Legend's agents and/or suppliers facility. Legend reserves for itself, and Purchaser grants to Legend, a security interest in all products purchased from Legend to secure the full payment and performance by Purchaser of its liabilities and obligations hereunder.
Purchaser shall notify Legend within five (5) business days after delivery, of any claimed shortages or rejection as to any delivery. This notice shall be in writing and shall be reasonably detailed, stating the reason for any rejection. Failure to provide such notice within such time shall be deemed an acceptance in full of any such delivery.
Purchaser who requires product delivered by their requested carrier or wish to have their products shipped on their shipper account number should request freight insurance upon issuance of purchase order to Legend. All risk of loss or damage shall be the responsibility of the purchaser.
CREDIT & PAYMENT
Purchaser shall provide to Legend all financial information reasonably requested by Legend for the purpose of establishing credit. Furthermore, Purchaser shall provide Legend financial information upon request for continuing Purchasers credit line with Legend. Legend reserves the right, with or without notice to change or revoke Purchaser's credit limit based upon Purchaser's payment record and/or changes in Purchaser's financial condition.
Purchaser agrees to make payment in full to Legend for all amounts due according to Legend invoice. Purchaser also agrees to pay Legend interest, an amount equal to 1-1/2% per month, or the maximum provided by law (whichever is less) for invoice amounts that are past due. Should Purchaser default in any such payment(s), Legend shall have the right, without notice to Purchaser, to declare all invoice amounts due and payable. In the event Legend should commence any action or actions, or otherwise seek to enforce this agreement against Purchaser or guarantor, Purchaser agrees to pay reasonable attorney(s) fees, court costs, and other expenses, incurred by Legend whether or not suit is filed. Unless otherwise stated on the front of the invoice, payment shall be due within fifteen (15) days from the date of the invoice. Seller reserves the right at any time however, to require payment in advance or C.O.D., or otherwise to modify, suspend or terminate any credit terms previously extended to Purchaser. No cash payments will be accepted.
Purchaser must obtain a valid Return Material Authorization (RMA) number from Legend for all returns.
Product warranties are provided by the Manufacture of the Products. Product warranties for used equipment are provided by Legend. LEGEND MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN. IN NO EVENT SHALL LEGEND BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. LEGEND DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
Legend shall not be liable for any loss, damage or penalty resulting from failure to perform or delay due to causes beyond the reasonable control of Legend, including but not limited to supplier delay, natural disasters, act of war, fire, labor disputes, transport failures, unavailability or shortage of parts, and failure or destruction of plant or equipment. LEGEND SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES.
These terms and conditions, which include Legend's product return policy, shall constitute the final and complete agreement between Purchaser and Legend.
No additional or different terms or conditions, whether material or immaterial, shall become part of any sales agreement unless expressly accepted in writing by an authorized officer of Legend.
California customers who are not tax exempt
California has many special taxing jurisdictions (districts), which are funded by a transactions (sales) and use tax rate that is added to the standard statewide rate of 7.25%, effective January 1, 2002. The tax rates for these districts range from 0.125% to 0.50% per district. In some areas, there is more than one district tax in effect. In others, there is no district tax in effect. During the check out process the tax rate calculated will be the 7.25% and will be adjusted during the billing process to your appropriate tax rate.