Terms of warranty, if any, are provided by the manufacture. Hospitality Furnishing Inc makes no warranty as to the condition, operation, or use of any of the goods delivered hereunder. Upon request by buyer, Hospitality Furnishing Inc shall provide buyer with a written copy of the manufacture’s warranty, or the warranty of the original equipment manufacturer, in effect at the time of delivery. These warranties, if any, comprise the sole and entire warranty pertaining to the goods sold hereunder. Hospitality Furnishing Inc makes no warranty, guarantee, or representation of any kind whatsoever. ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABLITITY AND/OR FITNESS FOR A PARTICULAR PURPOE, WHETHER EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW, TRADE USEAGE OR COURSE OF DEALING BETWEEN THE PARTIES, ARE HEREBY DISCLAIMED BY THIS COMPANY.
SHIPMENTS: All Shipments are by common carrier in accordance with the freight terms set forth on the reverse hereof. The Buyer is responsible for unloading and placing the goods on buyer’s premises. Buyer bears all risk of loss for damage during unloading.
LIMITATION OF REMEDY: Buyer’s sole remedy for any damage arising out of or in any way connected to the goods provided under this agreement should be limited exclusively to the terms of the warranty, if any, provided by the manufacturer. In no event shall Hospitality Furnishing Inc be liable for an incidental, consequential, or special damages of any kind or nature whatsoever, including, without limitation, negligence, failure to warrant or strict liability. Buyer hereby agrees that its damages, if any shall in no event exceed the cost to buyer of the particular product Complained of. Buyer does herby indemnity and hold harmless Hospitality Furnishing Inc from and against the claim of any person arising out of or in connection with the use, operation or condition of the goods, including, without limitation, attorney’s fees and cost.
INSPECTION: Buyer shall promptly inspect the goods upon taking possession thereof. Buyer shall notify Hospitality Furnishing Inc, in writing, within seven (7) business days of any non conformity in the goods. In the absence of such notice, buyer and Hospitality Furnishing Inc agrees that the goods shall be deemed to conform to the description set forth on the reverse hereof. Buyer hereby acknowledges that the carpet mills cannot guarantee exact size of rolls. Carpet mills reserve the right to ship up to twenty (20%) overage, for which the buyer agrees to pay.
DELAY IN DELIVERY: Hospitality Furnishing Inc shall make all reasonable effort to make timely delivery of the goods to the destination. In the event that manufacturing delays, shipping delays, or other event beyond the control of Hospitality Furnishing Inc necessitate a delay in delivery, Hospitality Furnishing Inc shall so advise buyer as soon as is reasonably possible. However, company shall not be liable for consequential or other damages due to the failure to meet a scheduled delivery date, where such delay is caused by fire, flood, or other acts of nature, riot, strike, blackout, governmental action, embargoes, or other events beyond the reasonable control of Hospitality Furnishing Inc.
FREIGHT CLAIMS: Liability for good damaged during transit is the responsibility of the carrier. Hospitality Furnishing Inc shall bare no responsibility for damage during shipment, and all claims for damage shall be made with the carrier, by the buyer.
PASSAGE OF TITLE AND RISK OF LOSS: Freight terms notwithstanding, title shall pass tom and the buy shall bear the risk of loss, deterioration or damage of the goods from the time the goods leave the manufacture’s premises. The Buyer hereby acknowledges that the seller does not insure the goods in transit. It is the responsibility of the buyer to file freight claims with the carrier and buyer does hereby hold seller harmless from said liability. Buyer shall not withhold funds from seller while claims are being resolved with the carrier.
BINDING EFFECT: This agreement shall inure to the benefit of and shall bind the parties hereto, their successors and assigns.
PRICES AND PAYMENT: Buyer shall pay all insurance, state, federal, and local taxes. On invoice from Hospitality Furnishing Inc, buyer shall pay the total price as set forth on the reverse hereof in U.S. Dollars, unless otherwise set forth herein.
SECURTIY INTREST OF COMPANY: To secure payment of any and all indebtedness owed now or subsequently incurred, buyer shall pay the total price as set forth on the reverse hereof and all goods subsequently acquired from Hospitality Furnishing Inc together with any and all proceeds, which may be derived there from. Buyer shall upon Hospitality Furnishing Inc’s request execute any and all documents reasonably requested by Hospitality Furnishing Inc including a security agreement, financing statement, or any other document necessary or appropriate to perfect and evidence Hospitality Furnishing Inc’s security interest, either at or after the time of sale and does, hereby appoint company its attorney-in-fact to execute such documents in buyer’s name. In the event of default, Hospitality Furnishing Inc shall be entitled to pursue any and all remedies set forth in the security agreement between the parties, as well as those provided at law. The undersigned grants a security interest in all goods sold such that title is retained until payment is full has been received.
SERVICE CHARGE AND ATTORNEY’S FEES: Buyer shall pay a service charge of one and one half percent (1½ %) per month on amounts thirty (30) days or more past due. In the event that Hospitality Furnishing Inc must take legal action to collect any amount under this agreement, whether or not litigation results. Buyer hereby agrees to pay attorney’s fees, cost, and all costs of collection.
ENTIRE AGREEMENT: The writing constitutes the entire understanding of the parties with respect to the subject mater hereof. It may not be amended, except in a writing signed by parties hereto.
GOVERNING LAW: This Agreement is made at Dalton, Georgia and shall be constructed, in accordance with the laws of the State of Georgia. In the event of any litigation hereunder, buyer hereby expressly consents to be the jurisdiction and venue of the courts of the State of Georgia located at Dalton, Georgia, or at the option of Hospitality Furnishing Inc.
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