Exclusion of other terms
The terms and conditions stated herein may not be varied by Buyer, and no additional or different terms or conditions, whether stated in Buyer’s purchase order form or elsewhere, shall be applicable to the transaction unless specifically agreed to in a separately signed, written instrument by an officer of Austin Blanks. Buyer’s acceptance of delivery of all or part of the goods covered hereby or Buyers payment therefore shall constitute such assent.
Unless otherwise stated on AustinBlanks.com, all prices are F.O.B./Point of Departure, exclusive of freight, insurance and local delivery charges, if any. Prices advertised do not include shipping and handling or applicable taxes.
All applicable sales, use, excise, gross receipts and other taxes (excluding only taxes on the net income of the Company) are the responsibility of the Buyer, and Buyer shall promptly pay or reimburse the Company for payment of any such taxes on demand. If Buyer claims an exemption from such taxes, an exemption certificate must be furnished to Austin Blanks.
Terms of payment are within Austin Blanks’ sole discretion, unless otherwise agreed to by Austin Blanks. Payment must be received by Austin Blanks prior to Austin Blanks’ acceptance of an on-line order. Payment will be made by credit card, unless Austin Blanks has provided written approval for an on-line user name and password account for specific agreed upon credit terms.
Any shipping date shown represents Austin Blanks’ best estimate as of this date, but Austin Balnks shall not incur any liability of any kind whatsoever for failure to ship on any particular date, unless firm shipping date has been expressly agreed to by an officer of Austin Blanks in a separately signed written instrument. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims against Austin Blanks for patent defects, errors, or shortages must be made in writing to Austin Blanks within fifteen (15) days of receipt of the goods, or such claims shall be deemed to have been waived.
Products manufactured by Austin Blanks are warranted to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment, unless otherwise noted in product literature. Austin Blanks will repair or replace, at its option, Products which prove to be defective within the warranty period F.O.B. /Point of Departure. Austin Blanks’ warranty shall be voided by any repair, alteration or modification by persons other then the employees of Austin Blanks, or those expressly authorized by Austin Blanks to make repairs, and by any abuse, misuse, or neglect of Our Goods, or by use not in accordance with Austin Blanks’ published instructions. The remedies for any failure of Austin Blanks’ Goods to meet its warranty specified herein shall be these remedies stated herein and no others, there remedies being exclusive remedies as a condition of sales.
EXCEPT AS PROVIDED IN THIS PARAGRAPH, AUSTIN BLANKS MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Under no circumstances shall Austin Blanks be liable for any lost profits or other incidental or consequential damages of any kind for any reason whatsoever with respect to its Goods, or the transaction by which its Goods are sold.
In no event shall Austin Blanks be liable to any loss or damages resulting from any delay or failure in shipment or other failure to perform with the respect to the Goods subject to this online sale where such delay, failure, loss or damage is the proximate result of any act of any governmental authority, revolution, riot, civil disorder or disturbance, act of enemies, delay or default in transportation, strike, dispute among materials or facilities from normal sources, fire flood, act of God, or any other cause not within the reasonable control of Austin Blanks, whether of the class of causes enumerated or otherwise. Without limiting the generality of the foregoing, Austin Blanks may, without causing a breach or incurring liability, allocate Goods, which are in short supply, irrespective of the reasons therefore, among customers in any manner which Austin Blanks in its sole discretion deems advisable.
The transaction with respect to the Goods which are the subject of this online sale shall be governed by and interpreted and constructed in accordance with the laws of the State of Texas, and any action arising out of such transaction shall be brought exclusively in the State or Federal courts seated in Travis County, Texas, and Buyers agreement to such exclusive jurisdiction and venue is a condition of sale.
Any controversy or claim arising out of or relating to this online sale, or the breach thereof, shall be settled by arbitration in the accordance with the rules, the obtaining of the American Arbitration Association and judgment upon the award rendered may be entered in the highest court of the Forum, Sate, or Federal, having jurisdiction.
Merchandise purchased on-line more than 60 days from the purchase date may not be returned for credit. There will be a 25% restocking fee and the product must be in “stockable” condition. Returns require prior authorization by Austin Blanks and will be conveyed to the customer via an RMA (Return Authorization) number. Approval for returns of units without a replacement order must have approval by the Sales Manager, who will contact the involved sales rep. Any product being returned by Austin Blanks must be marked with the RMA number and sent freight prepaid.
Restrictions on your use of Our Goods
By using Austin Blanks.com, you acknowledge that Austin Blanks.com contains information, communications, photos, text, graphics, images and other material and services (individually and collectively, “Our Goods”), that is provided by Austin Blanks or by Austin Blanks’ licensors. You agree and acknowledge that Our Goods is protected by copyrights, trademarks and other proprietary rights (collectively “Our Rights”) even though you can access Our Goods through Austin Blanks.com. You also agree that Our Rights and the rights of Austin Blanks’ licensors are valid and protected in all media currently existing or that may be developed later. Except as specifically provided in these terms, your use of Our Goods shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to Austin Blanks’ and its licensors’ rights in individual elements of Our Goods, you agree that Austin Blanks owns a copyright in the selection, coordination, arrangement and enhancement of Our Goods. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of Our Goods.
All we ask is that you respect “Our Goods”.