Privacy Policy
This transaction shall be governed by the laws of the State of Florida, including but not limited to the applicable provisions of the Uniform Commercial Code as adopted by the State of Florida. The invalidity of any term or provision hereof shall not invalidate the remaining terms and provisions hereof.
If, within the fair judgment of the Buyer, the goods shall, after its reasonable and prompt inspection, be deemed not substantially to comply with the agreed specifications, the Buyer shall promptly notify the Seller, in writing of the details of any such failure, and the Seller shall be given the opportunity to confirm, by its inspection, the complaint of Buyer, If, in Seller's opinion, after such inspection, the complaint of Buyer is valid, or if it elects not to inspect, it shall thereupon have the right either to replace such goods within a reasonable time with other goods meeting the agreed specifications or to cancel the sale, and it shall, in either event, thereupon have the right to require return of the original shipment at its cost. If Buyer has not so notified Seller, via certified mail, of a failure to comply with specifications within five (5) days of delivery, the goods shall be conclusively deemed to be in compliance with specifications.
When more than one class or grade of goods is contained in a single delivery, and one or more of said classes or grades shall not substantially comply with the agreed specifications, the parties shall have the same rights with respect to such class or grade, or classes or grades, as stated in the preceding paragraph, but any class or grade, or classes or grades, contained in such single delivery that conforms or conform to the agreed specifications shall not be affected, but the parties shall be fully bound with respect thereto.
The rights and remedies granted Seller hereunder shall be additions to all rights and remedies granted Seller under the Uniform Commercial Code, as adopted by the State of Florida, and under all other applicable laws of the State of Florida.
Buyer's exclusive remedy hereunder is to require Seller to replace materials not in compliance with specifications, unless Seller shall elect to cancel the sale as above provided, and under no circumstances shall the Seller be liable for incidental or consequential damages.