“TERMS AND CONDITIONS OF SALE”
1. General:
These terms and conditions of sale constitute the contract upon which the goods described on the front side (the “goods”) have been sold and delivered and any additional or different terms or conditions proposed by buyer, whether by means of a written or oral purchase order or otherwise, shall be of no effect unless accepted in writing by Seller.
2. Liability of Seller:
SELLER MAKES NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER IMPLIED WARRANTY REGARDING THE GOODS.
In the event the goods prove to be defective, whether as a result of Seller’s negligence or otherwise, Seller shall not be liable for any loss, damage, expense or any consequential damage directly or indirectly arising there from. Seller shall be liable only for the replacement of any such goods or, at Seller’s option, reimbursement to Buyer of the purchase price thereof, in which case Seller shall be entitled to have the goods returned upon request and at Seller’s expense
3. Delivery of Goods:
With respect to goods delivered by Seller, the risk of loss on the goods shall be deemed to have passed to Buyer at the time Seller delivered the goods at Buyer’s designated location. Delivery of the goods in Seller’s truck to Buyer’s designated location shall be deemed delivery of the goods by Seller. With respect to goods shipped by carrier, delivery to the carrier at its point of origin shall be deemed delivery by Seller and thereafter the risk of loss of the goods shall be on Buyer.
4. Empty Drum Certification:
I hereby certify that these drums are “EMPTY” as that term is defined in California hazardous waste regulations, CCR Section 66730, and that they have been properly prepared for transportation under the regulations of the U.S. Department of Transportation, 49 CFR 173.29
5. Defective Goods:
Any claim that the goods are defective shall be deemed waived by Buyer unless made in writing within five days of receipt thereof, and any defects which are not stated with particularity and compliance with this provision shall be deemed waived.
6. Finance Charges:
Payment of the goods is due immediately on Buyer’s receipt or invoice, and a finance charge at a rate equal to five percent above the discount rate of interest being charged by the Federal Reserve Bank on the 25th day of the month preceding the date on which delivery is made shall accrue on the unpaid balance thereof.
7. Attorney Fees:
Any action concerning the goods described on the front side hereof or pages therefore shall be governed by the laws of the State of California; and in the event that any such action instituted, the successful party shall be entitled to reasonable attorney fees, in addition to any costs incurred in connection therewith.
8. Entire Agreement:
This document constitutes the entire Agreement between Buyer and Seller, and supersedes all Agreements, Representations, Warranties, Statements, Promises, Understandings, and Purchase Orders, whether oral or written with respect to the goods. The terms and conditions of sale set forth herein may not be amended or modified except by a document in writing signed by the parties hereto subsequent to the date hereof