Goods Sale Contract Form - Oakland
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solvent and agrees that each acceptance of delivery of the Products sold
hereunder shall constitute reaffirmation of this representation at such
time.
2. PRICES: All prices quoted are subject to change, without notice, at any
time prior to Seller’s acceptance of Buyer’s order, to such prices prevailing
at the time of acceptance.
3. SHIPMENTS: All shipments F.O.B. office in Oakland, California, and are
exclusive of all taxes, and freight charges, which shall be paid by the
Buyer. Delivery to carrier constitute delivery to Buyer.
4. RISK OF LOSS: It is the Buyer’s responsibility to seek compensation
from the carrier for damaged or missing freight. Seller shall not be
responsible for any claims or damages resulting from a delay in delivery or
failure to perform which results from: governmental regulations, strike,
lockouts, accident, fire, delays in manufacturing, transportation, acts of
God, or any other causes beyond the control Seller. In case of partial or
complete destruction of goods, Seller is excused unless destruction is due
to Seller’s own negligence.
5. CANCELATION, MODIFICATION OR ALTERATION OF SALES
CONTRACT: Due to the short life of seasonal related goods, no returns
will be accepted beyond 14-days from the execution of this Sales Contract.
In no event shall any cancellation, modification, or alteration of winter
AND/OR spring/summer related goods be accepted beyond or out of the
proper time of the usual or pre-appointed time for the chosen particular
season.
6. RIGHT OF INSPECTION: Buyer shall have the right to inspect the
goods on arrival and, within 14 days after delivery. Any rights of Buyer
with respect to inspection shall be deferred until after payment of the
purchase price.
7. RETURNS OF GOODS: No Cash refund will be issued. For returns of
goods tendered under this Sales Contract to be effective, the Seller must
receive written notice of that return at its headquarters within 14 days
after delivery. Returns are allowed only if nonconformity is substantial
and noncurable. A “RETURN AUTHORIZATION” form obtained from
Seller must be accompanied by Invoice Number and description of all
defects of the goods on which the Buyer intends to rely. The failure of
Buyer to comply with these conditions shall constitute irrevocable
acceptance of the goods by Buyer and Buyer is barred from any remedy.
All returns must be shipped back to Seller’s headquarters. All goods
returned must be clean, free of price tags, and packed neatly. Seller has
the right to refuse any returned goods or to credit the Buyer with the
lesser amount paid, if the goods are damaged through improper packing
or improper display methods at Buyer’s locations.
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