Sales Contract Terms
1.CONDITION OF GOODS
Unless otherwise specified in this sales contract, all goods described herein are used, and sold in “as is” condition. Once Buyer picks up or accepts delivery of goods. Buyer waives any and all claims that buyer may have against seller and his employees, representatives and agents related to the goods described herein. Seller makes no guaranty or warranty hereunder and all warranties express, implied, or statutory, such as warranties of merchantability or fitness for a particular purpose. Are hereby excluded and disclaimed by the seller. In no event shall the seller be liable for consequential or incidental damages caused by or related to the operation or use of the goods described herein. Buyer may inspect or test the goods but buyer’s failure to do so shall not affect or alter the foregoing or any other obligation or duty owed by seller to buyer in any way.
Unless otherwise stated herein, the terms of sale are cash or cashier’s check payable in advance. If the goods are not available for immediate pick up buyer must pay a non refundable deposit of 25% of the gross sale price (including applicable taxes and delivery charges) prior to pick up or delivery. In the event that the goods are special order or customized. As determined by the seller then buyer must pay a non refundable deposit of 50% of the gross sale price (including applicable taxes and delivery charges) at the time that this sales contract is singed. Should buyer’s check be returned unpaid for any buyer shall pay a $25.00 fee to seller.
In the event that seller delivers the goods described herein, deliveries shall be FOB seller’s warehouse. Before shipping the goods, seller will obtain approval by telephone from buyer for delivery. The terms of sale for delivered goods are C.O.D cash or cashier’s check payable before the goods are unloaded. Unless otherwise agreed to in writing by both parties. All deliveries are to be made curbside, then buyer shall so inform seller, in writing prior to delivery seller and buyer agree that the total delivery time should not exceed 15 minutes, for any delivery time in excess of 15 minutes including wait time. Buyer shall pay a delivery fee of $25.oo per man hour in addition to any other delivery fees chargeable by seller. To extent delivery of the goods including but not limited to doors, windows and furniture. If buyer request delivery to any point beyond curbside, buyer waives and claim or claims that buyer may have against seller and his employees. Representative and agents for injury or damages to the equipment and buyer further acknowledges that manufacturer’s warranty may be voided by tipping such equipment. Buyer shall bear the risk of the goods from the moment that the goods are removed from seller’s warehouse.
If any changes that affect the goods are ordered by the buyer, buyer will notify seller in writing seller with promptly quote prices for added or changed goods which buyer will promptly accept or reject in writing.
Seller will exercise his best effort to assure timely delivery of the goods. Unless specifically agreed to in writing seller will not be liable for any delays in delivery of the goods. In addition thereof, seller shall not be responsible for any damages or delay incurred by any party and occasioned by any act, omission, neglects or defaults of buyer, his agents or employees or other workmen employed by them: nor for any damage or delays caused by fire acts of god, acts of war strike, or delays in transportation; nor for any other acts, omission, neglects casualties or calamities for which seller is not responsible; nor for any event not under seller’s direct control.
6.SALES TAX Sales tax at whatever rate is prevailing on the date that this sales contract is singed shall be added to the purchase price of the goods described herein unless buyer presents to seller a valid resale certificate that complies with the applicable provisions of the Revenue and Taxation Code of the state of California then in effect. All other taxes fees or assessments levied by any state, federal or local authority shall be borne entirely by buyer and shall be paid by buyer directly to said authority. Buyer shall indemnify seller against and bold seller and his employees, representatives and agents harmless from all claims loss liability and expenses, including attorney’s fee and the administrative expenses of seller incurred as a result of any unpaid tax, fee or assessment levied or assessed against seller or for which seller shall become liable as a result of the sale of the goods contemplated by this sales contract.
7.RESTOCK AND REDELIVERY CHARGES
Buyer may return all or a portion of the goods described herein only upon receipt of seller’s written authorization. In the event that seller agrees to accept the return of any portion of the goods. Buyer shall pay a restock fee of thirty percent (30%) of the purchase price allocated to the return goods by seller. If seller redelivers any portion of the goods for any reason not attributable to his fault or negligence Buyer agrees to pay a redelivery charge to be assessed by seller at the time of redelivery.
Any payment due pursuant to this sales contract that this is not made to seller on or before the date that said payment is due shall bear interest at the rate of 1 1/2 % per month, but not more than the maximum amount allowed by law.
9.INSTALLATION OF GOODS
To the extent that the goods described herein a empowered by or require the use of natural gas or electricity, buyer shall cause the goods to be installed by a contractor or other professional who is licensed by the state of California Bureau of Consumer Affairs. Contractors’ state licensed board in the appropriate classification. Buyer shall indemnify seller against and hold seller and his employees, representatives, and agents harmless from any claims, loss, liability, and expenses, including attorneys fees and the administrative expenses of seller arising out of related to or connected with the installation of the goods by others.
In the event that seller has a claim made against him. Or become involved in litigation or arbitration, on or after the date that this sales contract is signed because of claims, damages, injury or loss arising out of or related to 1. The loss, theft, damage or destruction of the goods. 2. The injury to person or property which is or is claimed to be, or appears to have been. Caused directly or indirectly by or around the goods, buyer shall indemnify seller against and bold seller and his employees, representatives, and agents harmless from all such claims loss liability and expense, including attorneys fees and the administrative expense of seller incurred as a result. This indemnity agreement shall be covered buyer’s comprehensive general liability insurance policy or policies.
No action arising from or related to this sales contract, or its performance thereof, shall be commenced by either party against the other more than two years after the date that this sales contract is singed. This limitation applies to all action of any character, whether at law or in equity and whether sounding in contract, tort or otherwise .This limitation shall not be extended be any negligent, misrepresentation or unintentional concealment but shall be extended as provide by law for willful fraud, concealment or misinterpretation.
Any dispute arising out of related to this sales contract or its performance, interpretation or construction will be decided under the commercial arbitration rules of the American arbitration association, and judgment may be entered on the award. If a party, after due notice, fails to participate in hearings, the award will be made on the basis of evidence introduced by the party who does participate. The arbitrator is authorized to award any party or parties such sums as he shall deem proper for the time, expense and trouble arbitration. In addition to the grounds for vacation or correction of an arbitration award set forth in California code of civil procedures 1285 st seq. a court of competent jurisdiction shall vacate the award if the court determined that an error of law appears on the face of the award.
In the event of litigation or arbitration arising out of this contract, or performance, interpretation or construction thereof, the prevailing party such action shall be entitled, in addition to any other remedy available by applicable law or this sales contract, to an award as and for any attorney fees, expert witness fess, or any other costs normally associated with such an action, in expert fees or other such costs incurred in good faith. Said award shall be entered separately or as portion of the award of a judge or arbitration in any such action.
14.NO OTHER AGREEMENT
This sales contract is the full and final agreement of the parties and no written or oral communication between the parties before the executive of this sales contract will modify or amend the agreement. This sales contract may be modified only by a written document signed by both parties.
15.SEVERABILITY AND WAIVER
The partial or complete invalidity or any one or more provision of this sales contract shall not affect the validity or continuing force and effect of any other provision. The failure of seller to insist, in any one or more insistence, upon the strict performance of any of the terms, covenant or condition of this sales contract or to exercise any right herein shall not be construed as a waiver or relinquishment of such term, covenant condition or rights as respect.
16.JURISDICTION AND VENUE This agreement will be governed by and construed in accordance with the laws of the state of California and its agreed by the parties hereto that proper jurisdiction and venue of any action pertaining to the enforcement, interpretation or construction or this agreement will be the city and county of Santa Barbara California.
Allpoints Restaurant & Bakery Equipment
445 North Mission Rd
Los Angeles CA 90033