GENERAL：The following terms and conditions, including those on the front side of this document, shall constitute the entire Agreement for the purchase and sale of AW-Lake Company’s products. Any acceptance by Purchaser of this Agreement is made expressly conditional upon the Purchaser’s assent to the terms herein, which shall supersede any terms which are different from, in addition to, or vary the terms contained in the Purchaser’s purchase order or request for quotations. Such assent shall be deemed to occur upon the failure of the Purchaser to object in writing specifically to such term or terms within 14 days from the receipt hereof. Any terms and conditions contained in the Purchaser’s purchase order or request for quotation which are different from, in addition to, or vary AW-Lake Company’s terms and conditions shall not be binding upon AW-Lake Company, and AW-Lake Company hereby objects thereto.
变化：Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that AW-Lake Company receives written notice of the desired changes and accepts the same and provided further that the Purchaser accepts the additional charge therefore as determined by AW-Lake Company. Changes which interfere with or alter AW-Lake Company’s production schedules will not be acceptable unless the time of performance is extended for such period as deemed necessary by AW-Lake Company. Failure of AW-Lake Company to accept a Purchaser’s request to change its purchase order shall not be cause for Purchaser’s cancellation of its order except upon payment of a cancellation charge to be determined by AW-Lake Company.
(b) A purchase order or any part thereof which is hereby accepted by AW-Lake Company may not be cancelled unless and until AW-Lake Company receives written notice of the cancellation, has determined the additional charge to be made and the same has been accepted and paid by the Purchaser.
(a) AW-Lake Company warrants, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for a period of 1 year after shipment thereof to the original purchaser. This warranty does not apply to the products in the event of installation of any parts not supplied or authorized in writing by AW-Lake Company, modification of the product, or improper or unauthorized repair of the product.
(b) AW-LAKECOMPANY’S WARRANTY EXTENDS ONLY TO PRODUCTS ASSEMBLED BY IT AND IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPRESENTATIONS REGARDING SUCH PRODUCTS MADE BY AW-LAKE COMPANY, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES.
（三）产188bet滚球直播品或其部件供给BY任何其他方AW公司，未组装BY AW-LAKE COMPANY只包括在这项等党和此类担保的副本个人保修将须提交致函索取。
（d）AW-湖公司保留检查产品声称在保修期内有缺陷或者在购买者位置或在橡树溪，威斯康星州的权利。188bet滚球直播一个有缺陷的产品，除非授权AW-湖公司没有返回到AW-湖公司的厂房。188bet滚球直播产品如此返回应退还AW-湖公司的厂房，运费预付。Any product proving defective due to faulty assembly within 1 year from date of shipment will be replaced or repaired free of charge, F.O.B. AW-Lake Company’s plant, Oak Creek, Wisconsin. AW-Lake Company assumes no liability for labor charges incidental to the adjustment service, repairing, removal or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to AW-Lake Company’s prior written consent. AW-Lake Company, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustment after inspection of the defective product by means of credit memorandum.
(e) Non-Warranty/Stock Returns will be permitted only at the discretion of AW-Lake Company and may be subject to a re-stocking fee:
- 15% restocking fee of entire order if customer is issuing a replacement order
- 如果客户是整个订单的30%重新进货费not issuing a replacement order
- AW-湖Company will not accept annual stock returns
DELAYS：AW-湖Company shall not be liable for damages for delays in performance due to circumstances beyond its reasonable control, including without limiting the generality of the foregoing, any priority system established by any agency of the United States Government, fires, floods, storms, and other acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors and/or suppliers for similar reasons. Failure of AW-Lake Company, to perform for these reasons aforesaid shall not be grounds for Purchaser’s cancellation of its order but the delivery date shall be extended accordingly.
LIMITATIONS OF LIABILITY：在任何情况下，AW-LAKE公司均不对任何后果性，间接，偶然，特殊，惩戒性或惩罚性损失，利润或收入损失或减少的价值，所产生的或与之相关的销售，无论是这些条款对任何违反OR NOT此类损害的可能性已被披露事先由买方或可能合理预见BY买方，REGARDLESS在索赔所依据的法律或衡平法理论（合同，侵权或其它），以及存在任何故障约定或者其根本目的，其他补救。IN NO EVENT SHALL AW-LAKE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO AW-LAKE COMPANY FOR THE GOODS SOLD HERE UNDER.
(a) This Agreement may not be assigned or otherwise transferred by Purchaser without the prior written consent of AW-Lake Company, and any such assignment or transfer without such prior written consent shall be null and void and of no force or effect whatsoever.
(b) AW-Lake Company’s failure to insist, in one or more instances, upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of its right to such performance or the future performance of such term or terms and Purchaser’s obligation with respect thereto shall continue in full force and effect.
(h) We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended and of regulations and orders of the United States Department of Labor issued under Section 14 thereof.
(i) All reasonable legal and collection costs will be charged to customer if referred for collection.
(a) CASH PAYMENT: Net 30 days. A service charge at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly on balances which are over 30 days.
(c) Title and risk of loss passes to Purchaser upon delivery of the products at the shipping point. As collateral security for the payment of the purchase price of the products, Purchaser hereby grants to AW-Lake Company a lien on and security interest in and to all of the right, title and interest of Purchaser in, to and under the products.