ORDER ACCEPTANCE: All orders must be in writing and are subject to acceptance by CycleSafe, Inc. No verbal orders accepted.
PRICES: Prices are FOB distribution center in U.S. dollars. Prices are subject to change without notice. Shipments are made at prices prevailing at the time of the shipment. All taxes outside of Michigan are buyers’ responsibility.
TERMS: Net 30 days from date of shipment with approved credit. Otherwise a 50% deposit is required and the balance due prior to shipment. Service charge is 2% per month on all invoices after 30 days. Failure to abide by payment terms will result in legal action. CycleSafe, Inc. honors Master Card and VISA. CycleSafe, Inc. reserves the right to change terms if necessary.
PURCHASE ORDER TERMS: All terms and conditions of any purchase order, or other writing, issued by the buyer which are inconsistent with, additional to, or different from the terms and conditions set forth here, are null and void.
FUTURE DATED ORDERS: Future dated orders will be accepted only on the basis that we will bill materials at prevailing prices on the date shipment leaves our factory, unless cash accompanies the order, in which case we shall store complete shipment in our warehouse until notified to release same. A nominal warehouse storage fee would be negotiated.
CANCELLATION: Cancellation of orders will not be accepted without prior written authorization. Cancellations are subject to a purchase charge depending on costs incurred by CycleSafe, Inc. at time of cancellation. Special custom orders cannot be cancelled.
RETURNS: Returned product will not be accepted without prior written authorization. A return of standard product is subject to a 30% restocking charge. Returned product must be received in the same condition as originally shipped and must be shipped with freight charges prepaid by buyer. Customer is responsible for cost of any repairs or parts needed to return order to “like new” condition. Special custom product cannot be returned.
FREIGHT: Charges are determined by common carrier and can be added to the invoice if desired. Shipment is made in the way considered best by CycleSafe, unless other arrangements are made. Shipping weights are approximate.
INCOMPLETE SHIPMENT: If impossible to ship orders complete in one shipment, the right is reserved to make several shipments until order is complete, unless otherwise stated on the order.
DELAYS IN TRANSIT: We are not responsible for delays in transit and our terms are not affected by such delays.
SHIPMENT RECEIVED IN DAMAGED CONDITION: If shipment is damaged in transit and so received or arrives incomplete, buyer is responsible for securing the proper notation of such damage or shortage from delivery agent and filing freight claim. Freight Terms FOB ship point. CycleSafe will assist buyer reporting claim.
SPECIFICATIONS: CycleSafe Inc. reserves the right to discontinue or change the design and specification of units, and to ship the revised product without notice when such changes have been made.
ERECTION and LIABILITY: All equipment is shipped knocked down (K.D.) ready for assembly. The company will erect no equipment unless special arrangements are made at the time this order is signed, and then only with the approval of the Home Office. CycleSafe, Inc. assumes no responsibility for equipment assembled or installed by the customer not in accordance with the manufacturer’s installation Instruction Manual and typical concrete pad foundation drawing included with the equipment purchase and customer agrees to hold CycleSafe, Inc. free of any liability for any foundation, assembly, or installation by the customer not in accordance with manufacturer’s Installation Manual. The customer agrees to hold CycleSafe, Inc. free of all liability for improper maintenance and repair of equipment by owner or customer.
TITLE: Title transfers per freight terms FOB ship point. All sales are deemed to have been made in Michigan and governed by the laws of the State of Michigan.
DIRECTIONS FOR USE: Due to the potential misuse of the goods sold under this agreement, it is agreed that these products must be installed as manufactured.
ERRORS AND CORRECTIONS: Errors in construction and design on the part of CycleSafe Inc. must be reported immediately. CycleSafe Inc. must be given sufficient time to inspect the product and correct any problem before the products are corrected or installed at the project site. Charge backs will not be accepted for products that are corrected without allowing CycleSafe Inc. the opportunity to make the corrections itself or without specific written approval.
DISCLAIMER OF WARRANTIES: There are no warranties expressed or implied including, without limitation, warranties of merchantability or fitness for a particular purpose by CycleSafe, Inc. Any description of the goods contained in this agreement is for the sole purpose of identifying the goods, is not part of the basis of the bargain and does not constitute a warranty that the goods shall conform to that description. No affirmation of facto or promise made by the seller, whether or not in this agreement, shall constitute a warranty that the goods will conform to the affirmation or promise. Buyer affirms that he has not relied upon Seller’s skill or judgment to select or furnish goods for any particular purpose, and this sale is made without any warranty by seller that the goods are suitable for any particular purpose.
CONSEQUENTIAL DAMAGES: In no event shall the company be liable for special, incidental, consequential or punitive damages, including without limitation damage to other property caused by any defect in this product. Inconvenience, loss of good will, lost profits or revenue, loss of use of this product, cost of substitute products or modifications, downtime costs, other equipment costs or claims of any party dealing with purchaser for such damages, resulting from the use of this product or any other legal theory.
AUTHORITY OF SELLER’S AGENTS: No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning the goods sold under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not in any way be enforceable.
WAIVER: No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
APPLICABLE LAW: This agreement shall be governed by Michigan Law and the Uniform Commercial Code. Wherever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Michigan as effective and in force on the date of this agreement.
DISPUTE LOCATION: Any suit under this contract shall be in the Circuit Court of Kent County, Michigan.