TERMS AND CONDITIONS
EXCLUSIONOF OTHER TERMS. The terms and conditions stated herein may not be varied byBuyer, and no additional or different terms or conditions, whether stated inBuyer’s purchase order form or elsewhere, shall be applicable to thetransaction unless specifically agreed to in a separately signed, writteninstrument by an officer of the Company. Buyer’s acceptance of delivery of allor part of the goods covered hereby or Buyers payment therefore shallconstitute such assent.
PRICES.Unless otherwise stated on the website, all prices are F.O.B/Point of Departure, exclusive of freight, insurance and local delivery charges, if any.Prices advertised do not include shipping and handling or applicable taxes.
TAXES.All applicable sales, use, excise, gross receipts and other taxes (excluding only taxes on the net income of the Company) are the responsibility of the Buyer, and Buyer shall promptly pay or reimburse the Company for payment of any such taxes on demand. If Buyer claims an exemption from such taxes, an exemption certificate must be furnished to the Company.
PAYMENT.Terms of payment are within Buythresholds.com's sole discretion, unless otherwise agreed to by Buythresholds.com. Payment must be received by Buythresholds.comprior to Buythresholds.com's acceptance of an on-line order. Payment will be made by credit card thru PayPal, unless the Company has provided written approval for an account for specific agreed upon credit terms.
SHIPMENT. Free shipping on all orders. Any shipping date shown represents the Company’s best estimate as of this date,but the Company shall not incur any liability of any kind whatsoever for failure to ship on any particular date, unless firm shipping date has been expressly agreed to by an officer of the Company in a separately signed written instrument. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims against the Company for patent defects,errors, or shortages must be made in writing to the Company within fifteen (15)days of receipt of the goods, or such claims shall be deemed to have been waived.
WARRANTY, THE COMPANY MAKES NO WARRANTY, EXPRESSED ORIMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANYPARTICULAR PURPOSE.
DAMAGELIMITATION. Under no circumstances shall the Company be liable for any lostprofits or other incidental or consequential damages of any kind for any reasonwhatsoever with respect to its Products or the transaction by which it’sProducts are sold.
EXCUSE.In no event shall the Company be liable to any loss or damages resulting fromany delay or failure in shipment or other failure to perform with the respectto the goods subject to this online sale where such delay, failure, loss ordamage is the proximate result of any act of any governmental authority,revolution, riot, civil disorder or disturbance, act of enemies, delay ordefault in transportation, strike, dispute among materials or facilities fromnormal sources, fire flood, act of God, or any other cause not within thereasonable control of the Company, whether of the class of causes enumerated orotherwise. Without limiting the generality of the foregoing, the Company may,without causing a breach or incurring liability, allocate goods, which are inshort supply, irrespective of the reasons therefore, among customers in anymanner which the Company in its sole discretion deems advisable.
GOVERNINGLAW. The transaction with respect to the goods which are the subject of thisonline sale shall be governed by and interpreted and constructed in accordancewith the laws of the State of New Jersey, and any action arising out of suchtransaction shall be brought exclusively in courts seated in Bergen County,New Jersey andBuyers agreement to such exclusive jurisdiction and venue is a condition ofsale.