TERMS AND PROVISIONS GOVERNING THE SALE OF GOODS

1. NO RETURNS WILL BE ACCEPTED WITHOUT AUTHORIZATION IN WRITING SIGNED BY AN OFFICER OR AUTHORIZED REPRESENTATIVE OF FAULKNER INC. OF MIAMI.
2. NO RETURNS ACCEPTED AFTER 10 DAYS FROM DATE OF PURCHASE.
3. ALL AUTHORIZED RETURNS ARE SUBJECT TO A 25% RESTOCKING CHARGE AND MUST BE ACCOMPANIED BY THEIR ORIGINAL RECEIPT.
4. SELLER SHALL NOT BE LIABLE FOR ANY DELAY IN DELIVERY OF ANY PART OF THE MERCHANDISE DUE TO ACCIDENTS, STRIKES, FIRES, REGULATIONS OR OTHER CONDITIONS OR CAUSES BEYOND THE CONTROL OF THE SELLER.
5. ALL MATERIALS ARE SOLD IN ACCORDANCE WITH TOLERANCES AND QUALITY STANDARDS AS FURNISHED FROM MANUFACTURERS.
6. CLAIMS OF ANY KIND OR NATURE EXCEPT FROM LATENT DEFECTS, ARE SPECIFICALLY BARRED UNLESS MADE IN WRITING WITHIN 5 DAYS AFTER RECEIPT OF GOODS AND IN ANY EVENT, PRIOR TO THE ALTERING OF GOODS IN ANY MANNER FROM THE ORIGINAL CONDITION OF DELIVERY. CLAIMS FOR LATENT DEFECTS ARE BARRED UNLESS PRESENTED WITHIN 30 DAYS AFTER THE DATE OF INVOICE.
7. TITLE PASSES UPON DELIVERY TO CARRIER, IRRESPECTIVE OF PARTY SELECTING SAME.
8. ALL SHIPMENTS F.O.B.FAULKNER INC. OF MIAMI AT THE ADDRESS NOTED ON THE FRONT OF THE INVOICE, UNLESS OTHERWISE SPECIFIED.
9. THERE WILL BE A MINIMUM SERVICE CHARGE ON ALL RETURNED CHECKS.
10. THE PURCHASER AGREES TO BE RESPONSIBLE FOR AND TO PAY TO THE VENDOR, IN ADDITION TO THE INVOICE AMOUNT, ATTORNEY FEES OF 20% OF ANY UNPAID INVOICES REQUIRING COLLECTION.
11. LIMIT OF LIABILITY – THE LIMIT OF LIABILITY OF SELLER FOR DEFECTIVE MERCHANDISE SHALL BE THE DIFFERENCE IN VALUE ON THE CONTRACT DATE OF DELIVERY, BETWEEN THE GOODS SPECIFIED AND THE GOODS ACTUALLY DELIVERED. THE LIMIT TO LIABILITY OF SELLER FOR LATE DELIVERY OR NON-DELIVERY OR ANY OTHER BREACH SHALL BE THE DIFFERENCE, IF ANY, BETWEEN THE CONTRACT PRICE AND THE FAIR MARKET PRICE, ON THE CONTRACT DATE OF DELIVERY, OF THE GOODS DELIVERED OR TO BE DELIVERED. IN NO EVENT SHALL BUYER BE ENTITLED TO CLAIM ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER OR ANY CONSEQUENTIAL DAMAGES, AND IN NO INSTANCE SHALL DAMAGES INCLUDE PROFIT ON CONTEMPLATED USE PROFIT OF ANY DESCRIPTION.
12. WARRANTIES: SELLER MAKES NO WARRANTY OF FITNESS OF GOODS SOLD HEREUNDER FOR ANY SPECIFIC PURPOSE OR THEIR MERCHANTABILITY OR END USE UNLESS OTHERWISE EXPRESSLY STATED HEREIN AND IN THE ABSENCE THEREOF BUYER UNDERTAKES THE COMPLETE AND ENTIRE RESPONSIBILITY OF ASCERTAINING WHETHER THE GOODS PURCHASED HEREUNDER MEET THE REQUIREMENTS OR ARE SUITABLE FOR BUYER’S INTENDED USE.
13. THE CUSTOMER IS LIABLE FOA ANY AND ALL LEGAL FEES AND OTHER EXPENSES INCURRED BY FAULKNER INC. OF MIAMI DUE TO ANY LEGAL ACTION AGAINS FAULKNER INC. OF MIAMI FOR ANY AMOUNT GREATER THAN THE COST OF THE DEFECTIVE MATERIAL AND/OR PART.
14. FAULKNER INC. OF MIAMI SHALL NOT BE LIABLE FOR ANY MATERIALS SUPPLIED BY BUYER FOR FABRICATION OR CUTTING SERVICES.
15. FAULKNER INC. OF MIAMI ASSUMES NO RESPONSIBILITY FOR BUYER’S MATERIALS LEFT UNCLAIMED OVER 15 DAYS FROM DATE OF INVOICE.