ACCEPTANCE: All orders and sales contracts are subject to acceptance or rejection by K. R. Anderson, Inc. and are not binding unless and until so accepted. Acceptance of an order by K. R. Anderson, Inc. constitutes a complete and binding contract governed by the terms and conditions of sale appearing herein and by the laws of the State of California. Acceptance is at all times subject to availability for delivery of the goods covered by each order and to K. R. Anderson, Inc.
END USE: Determination of the suitability of the goods described for the use contemplated by Buyer or Buyer’s customers for such goods is the sole responsibility of Buyer or Buyer’s customers, whichever the case may be and K. R. Anderson, Inc. shall have no responsibility in connection therewith. Buyer assumes all risk and liability for loss, damage or injury to property of Buyer or others, arising out of the use of possession of the goods furnished hereunder.
WARRANTY: If buyer is purchasing products in their original packaging, the only warranty available to the buyer as to the products shall be any manufacturer’s warranty which may apply. K. R. Anderson, Inc. makes no independent warranties. K. R. Anderson, Inc. does not adopt, guarantee, or represent that the manufacturer will comply with any of the terms of the warranty of such manufacturer. Buyer assumes all liability with respect to the product, its transport, use, misuse, storage, and disposal.
If buyer is purchasing products not manufactured by K. R. Anderson, Inc. but repackaged by K. R. Anderson, Inc., causing the original manufacturer’s seal to be broken, K. R. Anderson, Inc. warrants only that the products will be free from material defects and workmanship attributable to the repackaging process under normal use and service for the shelf life of the product as described in the technical data sheet, but no event longer than one year from the date of K. R. Anderson, Inc.’s delivery of such product hereunder.
Buyer’s exclusive remedy and K. R. Anderson, Inc.’s sole liability hereunder shall be limited to refund of the purchase price of, or replacement of, all goods shown to be otherwise than as warranted at K. R. Anderson, Inc. discretion. K.R. Anderson, Inc. shall in no case be liable otherwise for incidental or consequential damages provided, nothing contained therein shall limit the Buyer’s right to recover consequential damages for injury to his person when the goods purchased are consumer goods. Said refund or replacement is conditional on Buyer giving K. R. Anderson, Inc. notice within thirty (30) day period of delivery of goods in question. Failure of Buyer to provide notice in this time period shall constitute a waiver by Buyer of all claims hereunder with respect to said goods. If requested by K. R. Anderson, Inc., Buyer shall promptly return to warehouse all unconsumed goods alleged by Buyer to be otherwise than as warranted. “THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WRITTEN OR UNWRITTEN EXPRESS OR IMPLIED WARRANTIES AND K. R. ANDERSON, INC. HEREBY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AGAINST INFRINGEMENT, OF MERCHANTABILITY, OR FITNESS FOR PURPOSE OF THE GOODS SUPPLIED HEREUNDER ALL SAID GOODS BEING SUPPLIED BUYER AS IS.”
TITLE AND RISK OF LOSS: Title and risks of loss or delay to all goods supplied hereunder shall pass to Buyer upon K. R. Anderson, Inc. delivery to carrier at shipping point.
QUOTATIONS: Unless otherwise specified, quotations are for information only and are not intended as an offer and are subject to change without notice in all respects, including prices, delivery dates, terms, quantities, or specifications. Written quotations are void unless accepted within 60 days from date of issue or sooner if otherwise stated on the quote. K. R. Anderson, Inc.’s Special Terms and Conditions for Form-In-Place Gasket Quotations and Orders also apply and are available upon request.
FREIGHT TERMS: Shipments will be made F.O.B. origin. Additional transportation costs incurred at Buyer’s discretion or resulting from his request will be at Buyer’s expense.
If Buyer or its affiliates, agents or representatives engages a freight forwarder or similar service provider, Buyer shall provide K. R. Anderson, Inc. with copies of freight forwarder (or similar) records regarding product exports promptly upon request. Buyer shall promptly notify K. R. Anderson, Inc. in writing if buyer receives notice of or otherwise has reason to believe that a violation of U.S. export law has occurred.
COMPLIANCE WITH LAWS: K. R. Anderson, Inc.’s Suppliers’ represent and warrant that the goods and /or services were not manufactured or performed, and are not being sold or priced in violation of any federal, state, or local law, executive order, or administrative ruling. Without limiting the generality of the foregoing, Suppliers represent and warrant that they comply with the following provisions of federal law which are hereby incorporated by reference into this Purchase order: (1) the Federal Food and Drug and Cosmetic Act, as amended and all applicable regulations and Executive orders issued there under; (2) the Civil Rights Act of 1964, as amended, and all applicable regulations and Executive orders issued there under; (3) the Fair Standards Act, as amended and all applicable regulations and Executive orders issued there under; (4) FAR [48 CFR] 52.222-26 and 41 CFR 60-1.4 relating to Equal opportunity; ((5) FAR 52.2222-35 and 41 CFR 60-250-5 relating to Affirmative Action for Disabled Veterans and Vietnam Veterans; (6) FAR 52.222-36 and 41 CFR 60-741.5, relating to Workers with Disabilities; and (7) FAR 52.222-41, relating to the Service Contract Act, as amended. Suppliers agree to indemnify, defend and hold harmless K. R. Anderson, Inc. from and against any and all claims, costs, damages, judgments, losses, and expenses (including attorney’s fees) included or resulting directly or indirectly by or to K. R. Anderson, Inc. as a direct result of the breach of any representation or warranty made by supplier herein.
PAYMENT TERMS: Payment terms are net 30 from the date of invoice unless otherwise noted on the invoice. There will be a 1 1/2 % late charge per month (18% APR) on past due balances. In the event suit is necessary to enforce collection, purchaser agrees to pay a reasonable attorney fee and any court costs incurred.
INDEMNIFICATION: Buyer agrees to indemnify and hold harmless K. R. Anderson, Inc. and all of their employees, agents, directors, shareholders, attorneys, and successors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and other costs of litigation resulting from any breach of this Agreement or any covenant, representation, or warranty therein.
ENTIRE AGREEMENT: The above terms and conditions represent the entire agreement between K. R. Anderson, Inc. Inc. and Buyer with respect to the sale of goods supplied hereunder and said agreement cannot be modified except by a new written contract signed by K. R. Anderson, Inc.