These Terms and Conditions apply to all e-Commerce stores in the Full Source network.
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE
"CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU.
The following terms and conditions shall apply to all orders by
Customer through the web site or otherwise for the purchase of
janitorial & cleaning products, industrial supplies, safety
equipment, apparel & office supplies ("Products") from Full Source
or its affiliates. By accepting delivery of the products, Customer
agrees to be bound by and accepts these terms and conditions. These
terms and conditions shall apply unless Customer and Full Source have
signed a separate Agreement covering the purchase of the Products in
which case the separate agreement shall govern.
Upon Full Source's acceptance of a Customer's
order, a firm contract for the purchase and sale of the Products will be
formed between Full Source and Customer, and shall incorporate all the
terms set forth herein. These terms and conditions shall not be altered
or amended by the use of any document(s). Any attempt to alter this
document or to enter an order for Products which are subject to
additional and/or altered terms and conditions will become null and
void, unless otherwise agreed to in a written agreement signed by both
Full Source warrants that Full Source is the
legal and rightful owner of the Products or that it is legally licensed
and/or authorized to sell and/or distribute Products being purchased
hereunder. All Products delivered hereunder will be free and clear of
any and all encumbrances of any kind.
Customers acknowledge that Full Source is not the
manufacturer of any of the Products purchased hereunder. Other than the
warranties set forth above, any warranty with respect to the Products
must come from the manufacturer. There are no warranties which extend
beyond those described. Full Source will pass through to Customers any
applicable warranties of the manufacturer to the extent permissible.
Notwithstanding anything to the contrary, Full Source's liability is
limited to the replacement value of the Products.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY
AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR
STATEMENTS, WRITTEN OR OTHERWISE. FULL SOURCE DISCLAIMS ALL OTHER
EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY
INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Notwithstanding anything to
the contrary, in no event will Full Source be liable for any indirect,
special, incidental, or consequential damages, whether based on
contract, tort, or any other legal theory, including without limitation
loss of data or its use, loss of profits, loss of business, or other
economic damages, even if advised of the possibility of such loss or
Customer shall be responsible for any state or
local tax (excluding taxes based on Full Source's income or profits)
that results from the transfer of title or sale or delivery of the
Products purchased hereunder unless a valid and correct tax exemption
certificate is furnished to Full Source prior to delivery.
For orders placed using an approved line of credit from Full Source, payment is due and payable net 30 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1.5% per month, but in no event to exceed the maximum allowable by law. There shall be a $25.00 fee payable on all return checks. Failure to pay your invoice may result in your account being sent to collections. Full Source reserves the right to increase, decrease, freeze, or terminate any line of credit at any time for any reason.
Should collection be required to be
undertaken by Full Source on any account, Customer shall be liable for
all costs and attorney's fees incurred in such collection effort whether
litigation is required or not.
RESERVATION OF RIGHTS
Full Source reserves the right
to change at any time without notice these terms and conditions of sale.
All debts and obligations of Full Source
and Customer to each other are mutual and subject to setoff; for
purposes of this sentence, Full Source and Customer shall be deemed to
include each of the parties' respective subsidiaries and affiliates
which directly or indirectly control or are controlled by such party.