| Limited Warranties |
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Big Sky
Tent Sales, LLC (hereafter referred to as
the Company) warrants that goods sold by
it shall be free from defects in material
and workmanship and will conform to applicable
specifications. The Company’s liability,
whether based on breach of warranty or contract
or negligence in manufacture, shall be limited
to replacement or repair (at the Company’s
election) of the defective or nonconforming
goods, or (at the Company’s election)
refund of the purchase price thereof. This
warranty shall apply, and the Company shall
be liable for replacement, repair or refund,
only if Buyer has given the Company written
notice of the defect or nonconformity within
180 days after delivery of such goods to
Buyer. The Company assumes no liability
for results of the use of goods purchased
from the Company, including, without limitation,
their use in combination with other components,
assemblies or products, or their suitability
or unsuitability for a particular use or
a particular environment. The Company makes
no warranty of merchantability as to goods
designated as seconds or goods otherwise
designated as not of first quality. Unless
specifically indicated to the contrary,
goods sold are not fire retardant and should
not be exposed to intense heat or flame.
Canvas material is fire resistant to comply
with CPAI-84. Unless specifically indicated
to the contrary, goods sold are not waterproof.
Water-resistant chemicals are added to canvas;
however, it is customer’s responsibility
to add further water proofing (“Scotchguard”
or equal) where applicable to prevent mold
in humid climates. The Company is not responsible
for damage to material as a result of improper
care of tents (i.e.: put away wet or damp).
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THE FOREGOING
CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY
OF THE COMPANY AND THE SOLE AND EXCLUSIVE
REMEDY OF THE BUYER, AND IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, AS
TO MERCHANTABILITY, FITNESS FOR THE PURPOSE
SOLD, DESCRIPTION, QUALITY OR ANY OTHER
MATTER. WITHOUT LIMITING THE FOREGOING,
THE COMPANY SHALL IN NO EVENT BE LIABLE
FOR LOSS OF USE OR PROFIT, OR FOR OTHER
COLLATERAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
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Any warranty
given by any other manufacturer or supplier
of goods sold or of component parts thereof
is assigned by the Company to the Buyer
to the extent permissible under law and
the terms of such warranty. |
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| Orders – Acceptance,
Modification and Cancellation |
All orders
are subject to acceptance at a sales office
of the Company, and when so accepted shall
constitute a contract made in and under
the laws of the state in which such sales
office is located. All orders are accepted
subject to these Terms of Sale and subject
to approval by the Company of the Buyer’s
credit at the time of shipment. The Company’s
acceptance of an order is conditioned upon
the waiver by Buyer of any terms and conditions
which differ from, vary from, or add to,
these Terms of Sale. The specifications
applicable to goods sold by the Company
shall be the Company’s specifications,
unless Buyer shall have furnished different
specifications and the Company shall have
agreed in writing to such specifications.
The Company reserves the right to make changes
or substitutions in the items ordered without
the prior approval of or notification to
the Buyer, as long as such changes do not
adversely affect form, fit or function requirements.
Orders may not be altered or modified by
the Buyer except with the written consent
of the Company. The Company, at its option,
may cancel all or the remaining unfilled
portion of any blanket or continuing order
if (a) Buyer’s payments are in default;
(b) Buyer breaches any material provision
of the Company’s Terms of Sale; (c)
substantial changes in materials or supplies
occur; (d) causes beyond the Company’s
control make it impossible to insure shipment;
(e) Buyer becomes insolvent or is subject
to a petition in bankruptcy; or (f) the
Company withdraws its credit approval. The
Buyer may cancel the remaining unfilled
portion of any blanket or continuing order
upon written notice to the Company and payment
of reasonable cancellation charges, which
charges shall take into account goods already
produced or in process, expenses incurred
by the Company in connection with the order,
provided, however, that the cancellation
charges shall not exceed the purchase price
of the cancelled portion of the order. |
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| Price and Terms |
ALL QUOTED PRICES ARE BASED
ON THE CURRENT NET PRICES IN U.S. FUNDS PREVAILING
AT THE
TIME OF QUOTATION. ALL PRICES ARE SUBJECT
TO CHANGE WITHOUT NOTICE AND THE PRICE CHARGED
WILL BE THAT IN EFFECT AT THE TIME OF SHIPMENT.
A service charge of 1 ½ % per month
(18% per annum) will be added to all past
due invoices. |
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| Shipping, Delivery
and Return |
| The Company shall not be liable
for delays in production or delivery due to
causes beyond its control, including but not
limited to acts of God, acts of Buyer, acts
of civil or military authorities, priorities,
fires, strikes, floods, epidemics, quarantines,
war, delays in transportation and inability
due to causes beyond the Company’s control
to obtain necessary labor, materials or manufacturing
facilities. In no event shall the Company
be liable to the Buyer for loss of use or
profit or any other collateral, special or
consequential damages resulting from delays
in production or delivery, whether or not
due to caused beyond the Company’s control.
The Company will use its best judgment in
packaging, shipping and routing unless Buyer
gives specific instructions with its order.
In the event of shortage or damage incurred
enroute, Buyer must make its complaint to
the delivering transportation agency and file
a claim against such agency. In the event
of a shortage in packing, any claim against
the Company must be made in writing within
ten (10) days of receipt of the merchandise.
The Company’s responsibility for delivery
ends with a signed bill of lading from the
carrier. All risk of loss after the Company’s
delivery to the carrier shall be borne by
the Buyer. Buyer is responsible for all shipping
costs. |
| Authorization must be obtained
from the Company prior to return of any goods
for repair, replacement, or credit. The Company
shall have the right, prior to return, to
inspect any goods claimed to be defective
or nonconforming. All returned shipments authorized
by the Company shall be prepaid by Buyer.
Unless the Company determines, upon inspection
of returned goods, that the goods were defective
or nonconforming, a $15.00 or 15% handling
charge (whichever is greater) will be imposed
on the Buyer. No claims on fabric will be
allowed, whether the goods are conforming
or not, if the goods have been cut. If a pattern
or color match is desired, a swatch of the
pattern or color required must be submitted
with the order. Given the hand-crafted nature
of the product, minor variations in design
and manufacture are to be expected. |
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| Miscellaneous |
| If any goods or services ordered
by Buyer are supplied by the Company in accordance
with designs or specifications of the Buyer,
and such goods are not the Company’s
standard items or supplied in accordance with
the Company’s standard processes, Buyer
shall indemnify the Company from any expense,
loss, damage or liability which may be incurred
by the Company on account of any infringement
or alleged infringement of any U.S. or foreign
patent rights with respect to such goods or
processes. The sale of goods by the Company
does not convey a license, express or implied,
under any patent in which the Company has
an interest, nor does it convey rights to
any descriptive data, including the Company’s
manufacturing drawings, processes or tooling.
Tent installation may be regulated by local
codes, and/or require permits. Purchaser is
responsible for compliance. |
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