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Terms And Conditions
1. Any quote or invoice provided by Cal-l Enterprises, owned and operated by L.D. Lehmkuhl, Inc. (hereinafter referred to as Cal-l) to you, for any products or services shall incorporate these terms and conditions and constitute, upon acceptance by buyer, the entire agreement and may only be changed or amended by writing agreed to by both parties.
2. Delivery will be F.O.B. Cal-l shipping point; Identification of equipment occurs upon its leaving the shipping point when title and risk of loss passes to Buyer.
3. Some equipment comes with a warranty, the terms of which are specified in the quote or invoice provided to buyer by Cal-l. Said warranty is only valid if the related invoice is paid in full. Cal-l will, in its discretion, repair or replace any equipment covered under this warranty. Repaired or replaced equipment supplied under this warranty carry only the remaining portion of the original warranty and repairs shall not interrupt or prolong this warranty. No warranty provided by Cal-l on equipment shall apply to any equipment that has been damaged due to buyer error, abuse, neglect, improper operation or incorrect repair by non Cal-l personnel, or failure to perform normal operator maintenance of the equipment.
4. Should there be visible shipping damage to packaging or concealed shipping damage to item(s) supplied, buyer must communicate such damage to the delivering entity or carrier upon receipt first and to Cal-l the same day item is accepted/signed for. Failure to do so voids warranty. Customer decision to involve/procure third party other than Cal-l assigned vendors to resolve in-warranty instrument failure or defect without first placing a service call to Cal-l voids warranty.
5. OUR WARRANTIES EXTEND ONLY TO YOU, THE ORIGINAL PURCHASER AND YOU CANNOT TRANSFER SAME. OUR OBLIGATION TO REPAIR OR REPLACE UNDER SAID WARRANTIES IS YOUR SOLE REMEDY. EXCEPT AS WE’VE OTHERWISE STATED, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
6. CAL-L, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, SHALL NOT BE LIABLE FOR ANY LOSS OF USE, REVENUE OR ANTICIPATED PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING IN CONNECTION WITH DESIGN, DELIVERY, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE EQUIPMENT SOLD TO BUYER. THE BUYER WILL BE DEEMED LIABLE FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES INCURRED BY THE USE OR MISUSE OF THE EQUIPMENT BY THE BUYER, ITS EMPLOYEES OR OTHERS, FOLLOWING THE RECEIPT OF THE EQUIPMENT OR OTHER ITEMS. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL CAL-L , INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIN, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER.
7. Buyer has 14 days from the time of delivery of the equipment to inform Cal-l of any claimed defect. If Buyer fails to so inform Cal-l of any claimed defect within the 14 day period, it forever waives its right to reject the equipment on the basis of claimed defects.
Cal-l shall have a reasonable amount of time to cure any claimed defect.
Cal-l may, without any prejudice to or waiver of any of its rights, return any sums paid by Buyer under the agreement less shipping or installation costs that it has incurred and buyer shall forthwith ship back to Cal-l all such equipment at it’s expense.
8. The equipment sold under the agreement were originally purchased by Cal-l from other sources and are being sold under circumstances which do not permit investigation of possible risk under patents or copyrights or current status.
9. Buyer shall defend, indemnify and hold harmless Cal-l and its agents against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease or death of person (including, without limitation, Buyer’s employees and agents) or damage to or loss of any property resulting from or in connection with the sale, use and repair of the equipment. Buyer agrees to pay Cal-l reasonable attorney fees and other costs and expenses incurred by Cal-l in connection with the enforcement of this Agreement, whether or not suit is ultimately filed. This Agreement shall be governed by and construed in accordance with the laws of California, U.S., with reference to conflicts of law Any dispute arising between the parties to this Agreement shall be the subject of the exclusive jurisdiction of and shall finally settled in an action commenced and maintained in any state or federal court sitting in Los Angeles County, California, U.S. and the parties irrevocably consent and submit to the personal jurisdiction of said courts and agree not to challenge or assert any defense to the jurisdiction of said courts, including, without limitation, forum non conveniens. If Buyer commences any such action in a court other than any of said court, Buyer shall pay all Cal-l’s costs and expenses, including attorney’s fees and court costs for the appropriately venued court.
Dated: August 16, 2016