Goods Sale Contract Form - Oakland
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8. EVALUATIONS RETURN POLICY: A 15% restocking fee will be
charged if the goods are not rejected within the 14-days evaluation period.
9. WARRANTY: Seller gives 14 days limited warranty unless otherwise
specified, from the date of delivery. The warranty will not apply to those
goods that are damaged due to misuse, abuse, negligence or notification
by any party other than Seller.
10. ASSIGNABILITY: This Sales Contract shall not be
assignable by the Buyer without the Seller's written consent.
11. LIMITATION OF DAMAGES: In no event shall Seller by liable
for (i) special, indirect, consequential, or punitive damages
including but not limited to labor costs incurred by the Buyer or (ii)
any damages whatsoever resulting from loss of use or profits
arising out of or in connection with the goods sold hereunder. In no
event shall Seller’s liability exceed the purchase price of the goods
in question.
12. WAIVER: No waiver of any claim or right arising under this Sales
Contract will be effective unless the waiver is in writing and signed by the
waiving party.
13. ENTIRE AGREEMENT: The parties intend this writing to be the final
expression of the terms of their agreement and further intend that this
writing be the complete and exclusive statement of all the terms of their
agreement.
14. ATTORNEY FEE PROVISION: In any litigation, arbitration, or other
proceeding by which one party either seeks to enforce its rights under this
Sales Contract or seeks a declaration of any rights or obligations under
this Sales Contract, the prevailing party shall be awarded reasonable
attorney fees, together with any costs and expenses, to resolve the dispute
and to enforce the final judgment.
15. CHOICE OF LAW AND FORUM: This Agreement, and any dispute
arising from the relationship between the parties to this Agreement, shall
be governed by California law. Any dispute that arises under or relates to
this Agreement shall be resolved in Alameda County Superior Court.
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