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AKA
DISPLAYS | New York U.S.A.
Portable counters Terms of Sale |
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All orders imply full
acceptance to the terms and conditions below.
Order forms must be signed and dated. The terms
below constitute the contract between the parties
and supercedes any other verbal or written agreements.
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1. UNIT PRICING
All prices shown are guaranteed until the offer
expiration date shown on the price list. In the
event no expiration date is listed, all prices
are good for ten business days following transmittal
of the price list.
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2. ORDERS
Orders must be placed with our commercial department
or with any of our certified representatives.The
list of representatives may change and an updated
list can be requested at the commercial department
address at the bottom of this document. All orders
must contain our inventory numbers or designations
and quantity of units desired.
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3. DELIVERY
All goods, even when shipped by us, are transported
at the risk of the recipient. Any errors, omissions
or defects in the order received must be reported
in writing within 15 days of delivery. Vague
or unspecific claims will not be accepted. Defects
in the product will be repaired or replaced,
within 90 days of delivery, at AKA displays's
discretion. All parts for which a replacement
request is made must be returned to the AKA displays
. location at the bottom of this document. No
request for replacement, repair or return will
be accepted without prior approval of the commercial
department at the address below.
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4. PAYMENT
All invoices are to be paid upon reception. In the event that a revolving line of credit is accepted, all payments must be made at the end of the month of invoice.
Failure to pay invoices within the time periods enumerated above may subject the customer to collection proceedings for which costs and expenses will be sought.
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5. IMPOSSIBILITY OF PERFORMANCE
Should one or more of the provisions in this contract be
voided by statute or public policy of the location where it
is executed, all other terms and provisions shall remain
valid and enforceable. All voided clauses shall resume their
effect as soon as the reason for inapplicability has ceased.
Acts of God, acts of state, war, disturbance or strike, acts
of nature, fire, law or judicial decisions shall be deemed as
force majeure events and will constitute impossibility of
performance. In the event of temporary impossibility, performance
of the contract shall resume on the same terms once the reason
for non-performance has ceased.
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6. RETENTION OF TITLE
Title in all goods shipped will remain with AKA displays
until full payment, luding interest or penalties where
applicable, is received. Title will also vest in all proceeds
of our goods that are transferred to any third-parties.
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7. TERMINATION OF RELATIONSHIP
Upon the breach of any of the obligations of this contract,
in particular, non-payment or delay in payment of any
outstanding balances, we may, at our own choosing, terminate
the relationship with any customer. Termination of the relationship
shall not relieve the customer of any of its obligations.");
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8. CLAIMS
All claims made under this contract must be in writing
and addressed to the commercial office below, Attention :
Legal Department . This claim letter must be sent within
fifteen (15) days of the event or date of occurrence from
which a claim is made. All claims will be handled under the
provisions of law below.
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9. LIMITS OF LIABILITY
In no case will AKA displays, , its parent or
subsidiary companies, nor any of its agents
be liable for reimbursement of any expenses,
costs or claims alleged due to the defect of
any AKA displays product, or due to the failure
to timely deliver any AKA displays Product.
AKA displays, , its parent or subsidiary companies
and its agents will also not be liable for any
claimed loss of business opportunity due to any
defect in any AKA displays Product or the failure
to timely deliver any AKA displays product.
The sole recourse to any customer is the replacement
or repair of a AKA displays product or the refund
of the purchase price of any AKA displays Product,
at the discretion of the commercial office of
AKA displays.
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10.GOVERNING LAW
Any disputes arising from any AKA displays order entered
in the United States of America or its Commonwealth shall be
subject to the laws of the State of New York and shall be
submitted to binding arbitration according to the rules
of the American Arbitration Association. This arbitration
shall be carried out in the City of New York at a date and
location determined by the parties and arbitrator.
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