Terms and Conditions of Sale

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Questions and Answers

What law governs the interpretation of this agreement?

International law

The law of the State of South Carolina (correct)

The law of the State of New York

Federal law

Who is the 'Seller' in this agreement?

The Equipment manufacturer

Safe Rack, LLC d/b/a ErectaStep (correct)

A third-party supplier

The Purchaser

What happens if the Purchaser attempts to vary the terms and conditions?

The Seller will negotiate the changes

The Seller will accept the changes

The Seller will reject the changes (correct)

The contract will be terminated

What is the purpose of a quotation from the Seller?

To provide a non-binding estimate Signup and view all the answers

Who can accept the proposal?

Only an authorized employee of the Seller Signup and view all the answers

Can the Purchaser alter the terms of the proposal?

No, any changes are deemed a material alteration Signup and view all the answers

What happens if the Purchaser accepts part of the Equipment or services?

The Purchaser is deemed to have accepted all terms and conditions Signup and view all the answers

What is meant by 'Equipment' or 'Products'?

Articles, supplies, drawings, data or other property or services Signup and view all the answers

What is the Seller's right regarding the prices quoted or acknowledged?

The Seller has the right to adjust the invoice price due to material variation in costs beyond their control. Signup and view all the answers

What are all sales subject to, in addition to the quoted price?

Both sales or excise tax levied or charged by any governmental agency and price adjustments necessitated by Seller's compliance with any government action. Signup and view all the answers

What is the Seller's commitment to the products they manufacture?

The Seller is committed to continuous improvement of their products. Signup and view all the answers

What is the responsibility of the Purchaser regarding claims for shortages in a shipment or damaged equipment?

The Purchaser is responsible for making claims against the carrier only. Signup and view all the answers

What is the time frame for the Purchaser to make claims against the Seller for nonconforming equipment?

The Purchaser has 10 days after receipt of shipment or 30 days after date of shipment, whichever occurs first. Signup and view all the answers

What is the time limit for commencing an action for breach of the contract?

The action must be commenced within 1 year after the cause of action has accrued. Signup and view all the answers

What is the Seller's right regarding the design and construction of any product?

The Seller has the right to change, discontinue or modify the design and construction of any product without notice to the Purchaser. Signup and view all the answers

What is the purpose of the solution provided in the proposal?

The solution is to meet the Form, Fit and Function for the solution requested. Signup and view all the answers

Study Notes

Terms and Conditions of Sale

These terms and conditions govern all contracts, excluding other terms and conditions, unless agreed in writing.
Quotations and estimates are not offers capable of acceptance by the purchaser, and an order is only accepted by the seller's written confirmation.

General Provisions

The definition of terms, interpretation of the agreement, and rights of parties are governed by the law of the State of South Carolina.
"Seller" refers to Safe Rack, LLC d/b/a ErectaStep, and "Purchaser" refers to the person, firm, or corporation to whom the quotation is addressed.
"Equipment" or "Products" refers to articles, supplies, drawings, data, or other property or services described in the quotation.

Quotations and Acceptance

Quotations are for immediate acceptance and subject to change or withdrawal without notice before an order is acknowledged by the seller.
The proposal shall not become effective until accepted by an authorized employee of the seller.
Any acceptance of the equipment or services covered shall be deemed to constitute assent to the terms of the proposal, including these Terms and Conditions.

Prices and Payment

Unless otherwise agreed by the seller in writing, prices are subject to change without advance notice at any time prior to order acknowledgment.
The seller reserves the right to adjust the invoice price to take account of any material variation in the seller's costs beyond reasonable control since the date of the quotation or order acknowledgment.
All sales are subject to increase without notification by the amount of any sales or excise tax levied or charged by any governmental agency.

Sales and Priorities

All sales under all orders and these terms and conditions are subject to the seller's and/or government priorities, laws, and regulations.
The seller reserves the right to change, discontinue, or modify the design and construction of any product or to substitute material equal to or superior to that originally specified, without notice to the purchaser.

Claims and Dispute Resolution

All claims by the purchaser for shortages in a shipment of equipment or equipment damaged in transit must be made against the carrier.
All claims by the purchaser against the seller for nonconforming equipment and claims for shortages in a shipment or damaged equipment must be made in writing to the seller within ten (10) days after receipt of shipment or thirty (30) days after the date of shipment, whichever occurs first.
Any action for breach of the contract must be commenced within one year after the cause of action has accrued.