|ALL SALES ARE CONSIDERED AS BEING
TRANSACTED IN SAN ANTONIO, TEXAS.
- ACCEPTANCE AND USE OF ANY PRODUCT RECEIVED FROM VERSATECH
SYSTEMS CONSTITUTES ACCEPTANCE OF THE TERMS OF THIS SALE. IF YOU DO NOT AGREE TO THESE
TERMS, RETURN ALL PRODUCT IMMEDIATELY FOR A FULL REFUND.
- Delays. Seller will not be
responsible for any delay in the performance of this order or contracts, including
delivery or shipment of goods or for any damages suffered by Buyer by reason of such delay
whether or not delay is a result of Seller's negligence.
- Limitations on Damages.
Seller has made an effort to determine that the materials shipped are of good commercial
quality. In the event any material is defective due to faults in manufacturing or
packaging or through any fault of Seller, Buyer shall notify Seller immediately, stating
full particulars in support of his claim, and Seller will either replace the goods upon
return of the defective or unsatisfactory material or shall credit Buyer's account with
the cost of such goods. Under no circumstances shall Seller be liable for consequential or
other damages, loss or expenses in connection with, or by reason of, the use of or the
inability to use materials purchased from Seller for any reason.
- All products are warranted to be free of manufacturing
defect for a period of one year. The advice of Seller's technical staff is available to
the trade. The Seller does not control or supervise the subsequent use of such advice, or
the installation of its products or the use of its products, and, therefore, doesn't
warrant or guaranty advice received from the Seller's staff.
NO WARRANTY OR GUARANTY, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, IS
MADE UNLESS THE SAME IS SPECIFICALLY SET FORTH IN THE INVOICE, BUT IN ANY SUCH CASE, SUCH
WARRANTY OR GUARANTY IS LIMITED AS DESCRIBED IN PARAGRAPH 4.
- Contract. This is the entire
contract between parties.
- Collection Expense. In the
event Buyer fails to pay Seller as agreed and the Seller initiates collection action,
Buyer agrees to pay Seller's collection expenses, including attorney's fees.
- Venue. The laws of the State
of Texas shall apply to and have control. Any dispute over the terms of this agreement or
arising out of this agreement shall be litigated in the state general courts in and for
Bexar County, San Antonio, Texas.