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| Terms
and Conditions |
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Limitation
of Liability |
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All remedies with respect to any item sold by Seaga shall be limited exclusively to the right to replacement or repair F.O.B Freeport, Illinois USA pursuant to Seaga's standard Manufacture’s Limited Warranty policies. In no event shall Seaga be liable for consequential or special damages of any nature which may arise in connection with such item. The term consequential is expressly intended, but not limited to mean those damages that are not immediately foreseeable to Seaga such as damage claims involving labor charges for removal or installation of said item, loss of stored product, lost sales, lost orders, lost profits, lost income either gross or net allegedly attributed either directly or indirectly to failures or non-performance of Seaga equipment. |
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Seaga
Manufacturing, Inc. Terms of Sale |
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| 1. |
Prices - Specifications |
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Published prices and specifications are subject to change without notice. Price sheets are not quotations or offers to sell on the part of the company. |
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| 2. |
Terms of Payment |
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Prepaid
For customers who have established credit, Seaga expects payment within those terms. A service charge of eighteen percent (18%) per annum, not to exceed the maximum rate allowed by law, may be charged on any portion of customer’s outstanding past due balance. In the event Seaga is required to institute legal action to collect amounts , customer agrees to liability for all cost and attorney’s fees incurred by Seaga in collecting said amounts.
A deposit is required on special made-to-order products, and cancellations of such orders cannot be accepted.
Pro-rata payments shall become due as shipments are made. If shipments are delayed by the buyer, date of readiness for shipment will be deemed date of shipment for payment purposes. If manufacturer is delayed by buyer, payment will be made on basis of purchased price and percentage of completion, the balance payable in accordance with terms stated.
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| 3. |
Orders |
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All orders must be in writing or electronically transmitted. Orders are accepted subject to fires, strikes, accidents and other causes beyond our reasonable control. Acceptance of your order is conditioned upon an agreement to hold us harmless by reason of delivery delays.
Confirmation of verbal or electronically transmitted orders should be so marked – otherwise they may pass as originals and be shipped and billed as such.
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| 4. |
Shipping |
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All items are shipped F.O.B. factory, Freeport, Illinois USA. Title of merchandise passes to the customer upon delivery of the goods to the carrier, and consequently, we are not responsible for any loss or damage to shipment after delivery to the carrier. All parts are shipped prepaid and add. |
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| 5. |
Receipt of Shipment |
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Customer should examine items before signing transportation receipt. If items are received damaged, customer should insist that the carrier itemize damage on the freight bill and immediately file a damage claim. If shortages occur, customer should notify Seaga immediately, as shortage claims cannot be considered unless made in writing within 10 days, upon receipt of shipment. |
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| 6. |
Return Material |
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Do not return any material without first obtaining a return authorization number. Any items returned without a return authorization number will be refused. Credit for any returns is subject to inspection and handling charges.
All sales are final on the purchase of electronic parts and wiring harnesses and Seaga does not offer refunds or exchanges on their purchases.
If a return is due to refusal of delivery, due to the customer’s change of mind, after the order shipped, or for any other reason, forcing Seaga to pay return shipping charges, Seaga will deduct return shipping charges from the amount of any refund prior to its processing.
Returns not due to those errors, which in Seaga’s sole discretion, are attributable to Seaga’s error are subject to a 25% restocking fee.
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| 7. |
Cancellations |
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Cancellation of orders if agreed to by us, carry a factory cancellation charge. We will endeavor to ship within the estimated time, but failure to do so shall not be cause for cancellation. |
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Product Changes |
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We reserve the right to revise specifications and product design in connection with any feature of our products. Such changes do not entitle the customer to corresponding changes, improvements, additions or replacements for equipment previously sold. |
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| 9. |
Controlling Provision |
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Seaga’s Terms and Conditions establish all of the terms, conditions and prices that pertain to Customer. No terms and conditions other than the terms and conditions contained herein shall be binding upon Seaga unless accepted by it in a writing signed by an authorized representative. |
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Severability |
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If any of these terms is held by a court of competent jurisdiction to be invalid or unenforceable, then all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. |
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Jurisdiction |
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These Terms are binding upon Seaga’s Customers, and shall be governed by the laws of the State of Illinois. Customer agrees that the circuit court for Stephenson County, Illinois, shall have jurisdiction and shall be the proper venue for any disputes arising under these Terms or their purchase. |
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| 12. |
Credit Card Purchases |
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The following additional terms are in effect for any purchase made by Customers using credit cards for payment. In the event of conflict between the credit card purchase terms and other provisions of these Terms, the credit card purchase terms shall control for credit card purchases.
THERE IS NO WAIVER TO THESE TERMS FOR CREDIT CARD PURCHASES
A. Holder
The term "credit card holder" as used under these Terms is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card.
When customer completes a purchase from Seaga using a credit card for payment, they agree to be bound by the Terms.
Customer acknowledges they are the credit card holder authorized to make the purchase using the credit card. B. Returns
ALL SALES ARE FINAL. THERE ARE NO RETURNS, REFUNDS, OR CANCELLATIONS ACCEPTED. C. Refusal of Delivery
If a return is due to refusal of delivery forcing Seaga to pay return shipping charges, Seaga will charge Customer the cost of return shipping in addition to the initial purchase price and shipping costs. D. Chargeback Policy
”Chargebacks” are the reversal of a credit/debit card purchases made by customer from Seaga. Customer acknowledges they understand Seaga’s no return policy on credit card purchases. Customer agrees that in accordance with the no return policy they will not initiate chargeback proceedings with their card issuer.
Seaga does not condone or tolerate credit card fraud. Seaga reserves the right to pursue all avenues available to defend its interest including prosecution the fullest extend allowed under the law. In the event customer initiates a chargeback with Seaga, Seaga will:
Initiate legal proceedings, civilly or criminally, against customer to recover damages as provided herein; or
If fraud is suspected, file a report with their local police or sheriff’s department, and, if applicable, file a mail fraud complaint with the United States Postal Inspection Service.
Customer agrees that if they, file a charge back with their credit card company, in regards to purchases made from Seaga, customer agrees to reimburse Seaga for all costs and expenses including cost of the merchandise, shipping, restocking, research costs, employee down time, any representative Seaga may appoint to investigate and for any expenses, including cost of suit and legal fees, incurred due to customer’s actions.
Customer further agrees if they initiate a chargeback on a valid, authorized purchase, which was delivered, customer authorizes Seaga to recover the amount of the chargeback and any fees referenced above by any means deemed necessary, including but not limited to re-charging their credit card for the chargeback.
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CONFESSION OF JUDGEMENT, Customer acknowledges that they have read and agree to all of the terms and conditions listed herein. Customer hereby irrevocably authorize any attorney of any court of record to appear for Customer and confess judgment, where such action is permitted by law, against Customer, for all unpaid amounts, resulting from a sale from Seaga, and for any other money due hereunder plus all expenses incurred in enforcing the terms of this Agreement including but not limited to court costs, expert witness fees, and attorney’s fees, and waive any right or privilege of exemption, stay of execution or supplementary proceedings, or other relief from the enforcement or immediate enforcement of a judgment or related proceedings on a judgment. |
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