LEGAL POLICIES
WARRANTIES, REMEDIES, AND INDEMNITY
ABC will assign or transfer to you any assignable or transferable manufacturer’s warranties, if any, applicable to this purchase, in lieu of all other warranties, express or implied. ABC MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The customer agrees not to hold ABC responsible for any delay caused in whole, or in part, by circumstances beyond ABC’s reasonable control, including but not limited to force majeure, delays by carriers or delays in shipment or receipt of materials from suppliers.
ABC will not be liable under any circumstance for consequential or incidental damages arising out of or in connection with your order. ABC’s liability is limited to repayment of the purchase price of items not conforming to the description on the ABC invoices upon return of the items to ABC. THIS REMEDY IS YOUR EXCLUSIVE REMEDY
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You agree to indemnify and hold ABC harmless from and against all claims, demands, action, causes of action, costs, expenses, and attorney’s fees arising out of or in connection with any injury, including death, to any person or persons (whether third parties or your agents, servants or employees), and any other damages to or loss of any property (whether belonging to you or a third party), and any other damages recognized at law or inequity, caused by or resulting from, in whole or in part, any act(s) or omission(s), negligent or otherwise, by you, or by any of your agents, servants, employees, subcontractors or customers. In the event that the applicable law prohibits enforcement of this clause as written, then and only then, this clause shall be modified to provide the maximum indemnification allowable under the applicable law.
POLICIES
All orders are subject to final acceptance by ABC Supply Co. inc. Special terms printed on your order document will not be honored. All orders are subject to the terms and conditions set forth on this page. Merchandise specifications may be subject to updating without notice. Inspect all shipments carefully upon receipt. Title of merchandise transfers to the carrier at the point of shipment. It is the carrier’s responsibility to deliver all merchandise in the same condition in which they received it. Immediately report any shortages, overages or damages to the carrier. Merchandise not in perfect condition at time of delivery must be so noted on the delivery receipt. Then, report it to ABC. If an item is back ordered, this status will be noted on your packing slip and invoice. The item will be shipped to you as soon as it becomes available
PRICING
Stated prices exclude federal, state and local sales tax. Sales taxes must be added to the order total as applicable (see order form). All prices are FOB our warehouse in Wisconsin or our suppliers’ warehouse in the case of a drop shipment. Prices are subject to change without notice.
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