Accepting these Sales Terms
All sales are subject to and expressly conditioned upon these Sales Terms contained herein, and upon buyer’s assent thereto. Buyer acknowledges that posting our posting of these Sales Terms on our website, including any modification or amendment, constitutes notice thereof.
Conditions for order delivery
Delivery dates communicated or acknowledged by us are approximate only, and we shall not be liable for, nor shall we be in breach of our obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. We use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to delivery date. Our performance under any order accepted pursuant to these Sales Terms shall be excused in the event of fire, explosion, flood, severe weather, accident, strike, governmental act, embargo, shortage of raw materials or fuel, computer system failure, war or military action, riot, civil disturbance or any other event beyond our control.
Conditions for order pick up
In circumstances in which we permit Buyer to pick up Products at one of our facilities, Buyer agrees unconditionally to deliver the Products to the destination indicated on the purchase order.
Supplying your demand
If we are unable for any reason to supply the total demands for goods specified in Buyer’s order, we may allocate our viable supply among any or all Buyers on such basis as we may deem fair and practical, without liability for any failure of performance which may result therefrom.
Limitation of Liability
Extent of liability conditions
Representations regarding the composition and performance of the Products are believed reliable, but we make no warranty of any kind, express or implied, regarding such information or products except that we warrant that we have good title to the products and the products will conform to then current specifications at the time of delivery.
IP ownership and non disclosure
Buyer agrees that no right, title, or interest in any intellectual property is transferred by any sale of Products from Seller. The Buyer shall not use or disclose any confidential information without our express authorization unless it is publicly known (otherwise than by breach of obligation).
Jurisdiction and law covering legal disputes
All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of WASHINGTON, and the courts in WASHINGTON located in SPOKANE COUNTY shall have exclusive jurisdiction without reference to the choice of law, conflicts of law, or principles of any other state or country which might otherwise be applied. Buyer hereby consents to jurisdiction, personal and otherwise, of such courts, and hereby waives any objections of any nature to venue in such courts. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply to these Conditions.
Eligible international destinations for post delivery relocation
Buyer expressly acknowledges and agrees not to export, re-export, or provide Products to any person, entity or destination prohibited under United States law from receiving such Products, without obtaining prior U.S. Government authorization.