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Conditions of Use Conditions of Use
1. All claims for damages, errors, shortage in the merchandise delivered shall be sent to the Seller in writing within 48 hours from the delivery of the merchandise. A failure to send such claim within said period shall constitute an acceptance of the merchandise as complying with any and all terms and conditions covering the sale of same.

2.Delays. The Seller shall be excused for any delay in performance due to acts of God, war, riots, embargoes, acts of civil or military authorities of the U. S. or of foreign governments, fires, floods, merchant shipping losses, accidents, import restrictions, strikes, transportation delays, or any other circumstances beyond control of Seller in the reasonable conduct of business.

3.No merchandise may be returned without authorization. There will be a restocking charge for all returned merchandise.

4.In the event that this invoice is not fully paid within 30 days from the date of delivery of the above-listed merchandise, the Seller has the right to enter any premises where the merchandise may then be and re-take same with or without legal process but without a breach of the peace. Risk of damage to the merchandise passes to the Buyer when delivery of the merchandise is made to a carrier at importer’s shipping point or is placed upon Seller’s trucks for delivery to customer.

5.With respect to all merchandise, the warranty obligations of the Seller shall in all respects conform and be limited to the warranty extended to the Seller by the manufacturer or producer of the merchandise by its supplier. In absolutely no circumstances shall Seller’s liability ever exceed the cost of the goods sold. It is specifically understood and agreed to by the parties that the Seller shall be liable for no consequential damages caused by any defect in the product.

6.THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7.In the event of a default of payment within 30 days, Buyer shall pay a late fee in the amount of $30.00 and shall pay interest at 2% per month until paid. In the event that Seller refers the matter to an attorney for collection of untimely payment of the invoice, Buyer shall pay to Seller, in addition to all other sums and relief payable to Seller, all expenses of collection incurred therefor, including reasonable attorneys’ fees to the maximum extent permitted by law.

8.This agreement shall be governed by the law of the State of Missouri and the agreement shall be deemed to be entered into in Jackson County, Missouri. Any legal action shall be brought in the courts of Jackson County, Missouri.
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