BARNET USA

global terms and conditions of sale

William Barnet & Son, LLC

  1. Seller makes no representation or warranty of any kind, express or implied, with respect to any goods sold, including without lim itation any warranty of MERCHANTABILITY or fitness for a particular purpose or use, whether the goods are used alone or in combination with other products.
  2. Prices on any undelivered portion of this contract are subject to increase due to increase of any taxes or any other governme ntal action, laws or regulations affecting Seller’s cost or production and deliveries may be modified or cancelled to the extent affected thereby.
  3. No claim shall be made with respect to any goods unless made in writing within fifteen (15) days after delivery, or the commencement of any processing thereof in any manner whatever, whichever occurs first. Retention of goods for such fifteen (15) day period of the processing thereof in any manner shall constitute an unconditional acceptance thereof by Buyer, without any right of return or claim whatever.
  4. Delivery may be modified or cancelled without liability in the event of Act of God or any other cause beyond the exclusive control of Seller, including without lim itation, riots, fire, explosions, strikes, lockouts, injunction or unavailability or failure of utility services.
  5. All sales are subject to final credit approval and at Seller’s option, credit term s on any undelivered goods may at any time be decrease, lim ited or cancelled. Seller shall not be liable for prospective profits or special, indirect, or consequential damages, nor shall any recovery of any kind against Seller be greater than the difference between the value of the goods sold which are the subject matter of any claim and the market value of sim ilar goods. Delivery to carrier shall constitute delivery to Buyer, and Buyer assumes all risk of non-delivery, late delivery, or damages to or loss of any goods. This document constitutes full understanding of the parties, and no term s, conditions, understanding or agreement purporting to modify or vary the term s of this document shall be binding unless hereafter made in writing and signed by the party to be bound. This contract shall be constructed in accordance with the laws of the State of New York.
  6. Goods covered by this acknowledgement are produced in compliance with the requirement of the Fair Labor Standards Acts, as amended.
  7. All sales which are made based on approved samples or a processing standard may be returned if goods are not satisfactory, but the seller is not to be held responsible for claim s and/or loss of profit. Prior to the actual return of goods, a return authorization must be issued by the seller.