Payment Terms: Allied will invoice
customer at the time of shipment. Customer must pay each invoice within
30 days from invoice date, unless otherwise agreed to. Invoices not paid
when due may have a 1.5% per month interest charge assessed against the
unpaid balance from the date of invoice until the date of payment.
Delivery: All products are
considered delivered and title shall pass to customer upon transfer to a
common carrier, F.O.B. Tustin. Allied will ship all products prepaid and
charge to customer’s invoice or ship using customer’s account. In the
absence of shipping instructions, Allied will select the carrier on
behalf of customer, but assumes no liability for shipment. Shipments
with a value in excess of $500.00 will be insured at customer’s cost.
Acceptance: Customer shall inspect
the delivered products immediately following delivery and will promptly
report any non-conformities in writing to Allied. Failure to notify
Allied of any non-conformities within 15 days will be deemed an
Returns and Cancellations: Custom
orders may not be cancelled or returned. An order for catalogue parts
may be returned within 30 days of receipt, with prior approval. All
returns are subject to a restocking fee. Upon approval and receipt of a
Return Materials Authorization ("RMA") and receipt of the parts in
original condition, customer will receive a credit to their account.
Limited Warranty: Allied warrants
that all parts will be free from material and workmanship defects for a
period of 90 days from date of shipment. All custom parts will conform
to the specifications provided with the samples approved by customer.
The warranty does not apply if the parts have been subject to
alteration, misuse, accident, or improper application or installment.
Sole Remedy: Allied’s entire
liability and customer’s sole remedy for breach of the limited warranty
is to return the defective parts to Allied within the warranty period,
after obtaining the RMA authorization number, and Allied will either
repair or replace the parts or refund the purchase price for the parts,
as determined by Allied.
Disclaimer of Warranty: EXCEPT AS
EXPRESSLY PROVIDED ABOVE, THE PARTS ARE PROVIDED "AS IS." ALLIED DOES
NOT MAKE ANY AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability: IN NO EVENT
WILL ALLIED BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOSS OF USE,
REWORK OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF THE PARTS, EVEN IF ALLIED HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ALLIED’S MAXIMUM LIABILITY SHALL NOT
EXCEED THE AMOUNT PAID FOR THE PARTS.
Taxes: Customer shall pay all taxes,
levies, and similar governmental charges, however designated, including,
customs, excise, sales, use, value-added and property taxes related to
the sale of the parts.
Miscellaneous: The laws of the State
of California will govern the sale of the parts without regard to the
conflict of laws provisions thereof. The invoice and these terms and
conditions are the complete and exclusive statement of the agreement
between Allied and customer and supersedes any proposal, prior
agreement, oral or written, and any other communications relating to the
purchase of the parts. If any of the above provisions are held to be
invalid or unenforceable, the remaining provisions will not be affected.
The prevailing party in any action or proceeding arising out of or
related to this sale shall be entitled to
recover reasonable legal fees and costs, including attorneys’ fees,
which may be incurred.