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Warranty

The Seller is having the products manufactured per an approval sample (digital and/or physical prototype). Minor variations from the sample are allowed that do not affect the merchantability of the product, but otherwise the products will be free from defects of material and workmanship. Errors and/or discrepancies must be reported to the Seller by the Buyer within 5 working days of delivery.

Mold/Sample: Seller’s Property

The Buyer agrees that it will not use or permit use of the products, samples and/or prototypes purchased from Seller to be used for manufacture of the product by others without the express written permission of the Seller. The Buyer understands that the Seller retains ownership of the design and likeness of the product, which cannot be reproduced except by the Seller. In the event the Buyer cancels production order after commencement of the mold, the Buyer will be responsible for payment of Cancellation Fee.


Excusable Delays

The Seller is not responsible for delays if the delivery is delayed or prevented by revolutions or other civil disorders, wars, acts of enemies, strikes, fires, floods, embargoes, or acts of God or by any other cause not within the Seller’s control, which, by the exercise of reasonable diligence. The Seller is unable to prevent, whether of the class of causes enumerated above or not. For purposes of this clause, intensive U.S. Customs exams exceeding one week delay will be considered excusable.


Applicable Law, Attorney Fees, Venue and Jurisdiction

This agreement shall be governed by the Uniform Commercial Code and other applicable laws of the state of Washington. In the event of any legal action taken under the purchase order and/or this Acknowledgement, the prevailing party shall be entitled to receive.

Infringement 

Buyer warrants that it has a right to have the product manufactured and sold by Seller and Buyer shall save Seller and its manufacturer harmless and indemnify them against any loss by way of any infringement claims by third parties. 

Taxes

Buyer agrees to pay any sales or use tax in the event Buyer does not have or fails to provide Seller with a current resale certificate that eliminates such sales or use tax.

Product Safety Tests

Buyer agrees to pay laboratory test charges required under the Consumer Products Safety Improvement Act for any item designated on Page 1 as intended or designed primarily for Children Age 12 or under.

Freight Charges / Returns / Overruns-Underruns

Quoted freight charges, including prepaid freight by Seller, includes delivery to a Truck dock or Ground Floor of a commercial building unless specifically stated otherwise. Additional charges incurred for wait time, residential delivery, lift gate equipped truck, small truck services, delivery to upper floors, unloading labor, etc. will be the responsibility of the Buyer. No credit will be issued for return merchandise without our consent.

Additional Charges

If for any reason delivery of goods is declined at destination or in route to destination requiring goods to be stored and redelivery made, actual warehouse handling and storage fees will be charged to the Buyer. It is understood that full containers of product delivered directly to Buyer will not be palletized without advance notice and additional charges.

Risk of Loss

The products become property of the Buyer at the time they are delivered to the freight carrier, FOB Sumner WA. Title and risk of loss passes to Buyer at that time. Insurance during domestic ground transportation is provided by Seller if freight is prepaid by Seller.

Equal Employment Opportunity

This company requires its vendors, subcontractors and suppliers who deal with federally-assisted funds to comply fully with the rules, regulations and laws of Executive Order 11246 as amended. Section 503 of the Rehabilitation Act of 1973, 38USC 4212 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and 29 CFR Part 471, Appendix A to Subpart A.