条款和条件控制。Plastiwin Capital Equiption LLC同意以下条款和条件(这些“条款和条件”)。(“卖方”)和购买者(“购买者”)。卖方接受任何订单都受这些条款和条件的约束。除非卖方以书面形式接受,否则没有相反的,其他或不同的条款,规定或条件对卖方具有约束力。
完全协议。本文件代表当事方在这些条款和条件方面的完整和最终协议。
修改。购买者理解并同意,(a)除非由卖方授权代表以书面形式提交给买方并特别指的是这些条款和条件,否则对这些条款和条件的修改或放弃不得有效;(b)卖方的任何行动均不应视为修改这些条款和条件;and (c) Seller’s acknowledgment or acceptance of anything in writing from Purchaser which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms or conditions) and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions.
免责声明。购买者承认,如果不正确使用,此处售出的商品可能很危险。购买者承认,必须与原始制造商联系,以获取最新的安装和操作手册和其他信息,以确保货物的安全运营。卖方将对出售商品的缺陷或据称缺陷或随后使用物品的使用造成的任何损失或伤害不承担任何责任。购买者同意根据任何人根据任何涉嫌伤害,疾病或损害的人对卖方,董事,官员,雇员以及其他代理人和代表提起的任何诉讼,诉讼或诉讼因由辩护,并支付所有损失,费用和费用including, but not limited to, attorney’s fees or legal expenses in connection therewith or resulting therefrom.
保障。Purchaser hereby agrees to defend, indemnify and hold harmless Seller its directors, officers, employees and other agents and representatives from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorney’s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage or injury to person or property arising from, by reason of or in connection with the Goods sold hereunder. This indemnification shall survive delivery of the Goods to Purchaser and any subsequent sale or other transfer of the Goods to a third party.
不可抗力。Seller’s ability to ship the Goods may be affected in case of an act of force majeure, such as an act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any other cause beyond the control of Seller. Seller shall have no liability for the failure to ship or deliver goods in the event of such force majeure and Seller’s obligation to complete the delivery of Goods shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that these Terms and Conditions shall otherwise remain in effect.
损害的限制。Seller’s liability with respect to Goods sold to Purchaser shall be limited to refunding any payments made by Purchaser (i) with respect to Goods returned to and accepted by Seller or (ii) with respect to Goods ordered but not shipped by Seller upon Seller’s cancellation of the invoice. In no event shall Seller be liable for incidental, special, or consequential damages, lost profits, or any expenses of Purchaser, including, but not limited to, shipping costs.
费用和费用。In the event any party institutes legal proceedings to enforce its respective rights arising out of the invoice and these Terms and Conditions, the prevailing party shall be entitled to the award of attorneys’ fees and court costs, plus cost of executing, enforcing and/or collecting any judgment at all trial and appellate levels.