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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 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. Customer further consents that any actions pertaining to this purchase shall be under the laws of Illinois, without regard to conflict of law principals, and the venue for any action brought hereunder shall be Stephenson County, Illinois .
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 wihtout a return authorization number will be refused. Credit for any returns is subject to inspection and handling charges .
If a return is due to refusal of delivery, do 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 20% 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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| 8. |
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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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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| 10. |
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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| 11. |
Credit Card Purchases |
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Customer acknowledges they are the credit card holder, a representative of the credit card holder or the credit card holder is aware customer is making the purchase and has authorized them in advance to make the purchase using their credit card.
Should customer have a problem with their purchase, they will contact Seaga to allow them to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company to file a charge back.
Seaga does not condone or tolerate credit card fraud. Seaga reserves the right to pursue all avenues available to defend its interest including prosecution to the fullest extend allowed under the law, civilly or criminally. Further, Seaga reserves the rights to pursue any additional means to collect any losses including but not limited to loss of income, legal fees, and expenses (including research costs, collection costs and employee down time).
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