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Standard Terms and Conditions Applicable to All Sales
1. Applicable To All Sales: Unless otherwise agreed by Watts Premier, Inc. in writing, these Standard Terms and Conditions shall apply to all sales by Watts Premier.
2. Purchase Order, Payment Terms: Watts Premier shall set all prices for its products, may adjust these prices from time to time, may require minimum orders, and may elect not to accept an order for any reason. No order will be binding on Watts Premier until accepted in writing by an authorized employee. Once accepted by Watts Premier, an order may not be canceled or changed by the Customer without Watts Premier's consent, which it can withhold in its sole discretion. Unless otherwise agreed in writing, the net amount stated on an invoice is due on presentation of the invoice and a late charge of one and one half percent (1-1/2%) will apply to any amount not paid within thirty (30) days of the date due. An additional one and one half percent (1-1/2%) per month (or the amount permitted by law if less) shall be charged for each additional thirty (30) days that a payment is outstanding. Customer shall pay all costs of collection, including attorneys fees. Watts Premier may condition a sale on receipt of the entire amount due prior to shipment or receipt of a letter of credit acceptable to Watts Premier.
3. Limited Warranty, Disclaimer of Implied Warranties: Watts Premier may provide a limited warranty on certain products, and if it does-then the limited warranty will be stated on a printed form included in the package with the product sold. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT SHALL APPLY TO ANY SALE.
4. Limitation on Damages: IN NO EVENT WILL Watts Premier BE LIABLE FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF A PRODUCTWITH REGARD TO ANY CLAIMS RELATED TO SUCH PRODUCT. WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE. Watts Premier HAS THE RIGHT TO REPAIR OR REPLACE ANY PRODUCT FORWHICH A CLAIM IS MADE RATHER THAN PAYMONEY DAMAGES. Watts Premier SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
5. Delivery Dates: All delivery dates quoted by Watts Premier are approximate. Watts Premier reserves the right not to ship until full payment is received. If Watts Premier ships prior to full payment, Watts Premier shall have a security interest in the products shipped to secure all amounts due with regard to such shipment. Watts Premier may make shipments in installments.
6. Risk of Loss, Shipping Charges: Risk of loss passes to Customer upon delivery to the shipper by Watts Premier. Customer shall pay all shipping charges either prior to shipping or upon delivery, as specified by Watts Premier.
7. Law and Venue: All purchases, sales and other transactions between Customer and Watts Premier shall be subject to and governed by the internal laws of the State of Arizona applying to transactions between residents within the state, notwithstanding what the law of conflicts would otherwise provide. Customer and Watts Premier consent to the jurisdiction of all courts presiding in Maricopa County, Arizona and agree that such courts shall have exclusive jurisdiction to adjudicate any dispute arising out of a transaction between Watts Premier and Customer, provided that a judgment may be entered in any jurisdiction and Watts Premier may pursue prejudgment remedies in the event of any infringement in any jurisdiction.
8. Taxes: Customer shall pay all sales tax, use tax, transaction privilege tax, excise tax, value added tax, duty, customs, inspection or testing fee, storage fees or any other tax, fee or charge of any nature whatsoever imposed with regard to a sale from Watts Premier to Customer, other than taxed on net income imposed by the State of Arizona or The United States of America.
9. Written Terms Modification: Any modifications or additions to these written terms must be in writing and executed by an authorized employee of Watts Premier.
10. Descriptive Literature: Catalogues, sales materials, product brochures and advertisements provide general descriptions of the products offered, but shall not be taken as setting precise terms or as being part of any contract for sale.
11. Force Majeure: The time for performance by Watts Premier shall be extended by any delays caused by war, fire, acts of God, riot, embargo, casualty, or other matters outside of the reasonable control of Watts Premier.
12. Severability: If any provisions of these terms and conditions of sale shall be deemed illegal or unenforceable such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provisions which shall be construed as if such illegal and unenforceable provisions has not been included, unless such illegality or unenforceability would destroy the underlying business purpose of these terms and conditions.
13. Returned Goods Minimum Charge: No material shall be returned without authorization. When credit is issued it will be at the price charged, or prevailing price if lower, less handling charges based on costs of reconditioning, boxing, etc. However, a minimum 15% handling charge will apply. A minimum handling charge of $10.00 is applied whenever the 15% handling deduction does not total $10.00. Products which are obsolete or made to special order are not returnable.