TERMS AND CONDITIONS OF SALES:
ANY TERM, CONDITION, AND/OR PROVISION (HEREAFTER “TERMS”) OF BUYER'S ORDER WHICH IS IN ANY WAY INCONSISTENT WITH OR IN ADDITION TO THESE TERMS SHALL NOT BE APPLICABLE HERETO OR BINDING UPON SELLER. IF BUYER OBJECTS TO ANY TERMS HEREIN, SUCH OBJECTION MUST BE IN WRITING AND RECEIVED BY SELLER AT THE ADDRESS STATED ON THE FACE HEREOF PRIOR TO COMMENCEMENT OF PERFORMANCE BY SELLER. RETENTION BY BUYER OF ANY GOODS DELIVERED BY SELLER HEREUNDER SHALL BE CONCLUSIVELY DEEMED ACCEPTANCE OF THE TERMS HEREOF. SELLER’S FAILURE TO OBJECT TO TERMS CONTAINED IN ANY COMMUNICATION FROM BUYER WILL NOT BE A WAIVER OF THE TERMS HEREOF.
1. The goods hereunder have been designated as “surplus” by Seller. The goods are sold on an "AS IS - WHERE IS" basis at "BUYER'S RISK" only.
2. Purchase Price. In consideration of the delivery of the goods by Seller to Buyer, Buyer hereby delivers to Seller cash in the amount of the price plus shipping costs Plus MD sales tax by Postal money order/cashier check, Paypal, Check (checks take 10 business days to clear), electronic transfer in available funds to the account specified by Seller. The Goods shall be tendered for delivery after receipt of the funds.
If the order is to be picked up by the Buyer, the Buyer hereby agrees to remove the purchased goods within (30) days of the date of sale.
3. Taxes: Prices do not include any taxes, now or hereafter enacted, applicable to the goods sold or this transaction, which taxes will be added by Seller to the sales price where Seller is required by law to collect the same, and will be paid by Buyer unless Buyer provides Seller with a proper tax-exemption certificate.
4. Title and Delivery: Unless otherwise set forth on the face of this Sales Agreement, goods shall be shipped from my shop, and title and liability for loss of damage thereto shall pass to Buyer upon Seller's tender of delivery of the goods to a carrier for shipment to Buyer, and any loss or damage thereafter shall not relieve Buyer from any obligation hereunder.
(a.) Packing and Handling: Reasonable and customary packing charges will be added to the invoice.
5. Contingencies: Seller shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control of Seller, including but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, art of any government or any agency or subdivision thereof, judicial action, labor dispute, shortage of labor, accident, fire, explosion, flood, storm or other act of God.
6. DISCLAIMER OF WARRANTIES AND INDEMNITIES: SELLER MAKES NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHATSOEVER AS TO THE GOODS SOLD TO BUYER HEREUNDER, AND DOES NOT INDEMNIFY BUYER AGAINST INFRINGEMENT OF ANY PATENT, TRADEMARK, OR COPYRIGHT.
7. Amendments; Waivers. This instrument may not be amended, nor shall any waiver, change, modification, consent or discharge be affected, except by an instrument in writing executed by or on behalf of Buyer and Seller.
8. Binding Effect. Each and every covenant, agreement, warranty and undertaking made herein shall bind Buyer and its successors and assigns and assignees, and shall inure to the benefit of Seller, and its successors and assigns, whether expressly stated herein or not.
9. Assignment. This Agreement shall not be assigned by Buyer without the prior written consent of Seller and any assignment made absent such consent shall be void and null.
10. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of this sate (Maryland), without reference to the choice of law principles thereof, as to all matters, including matters of validity, construction, effect, performance and remedies.
12. LEGAL COMPLIANCE: BUYER AT ALL TIMES SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.