General Terms and Conditions
Aeansorge.com Terms and Conditions of Sale
These Terms and Conditions May Change
Aeansorge.com reserves the right to update or modify these Terms and Conditions at any time without prior notice.
Governing Terms
All products and services offered for sale by Aeansorge.com ("Aeansorge.com") are sold subject to the terms and conditions stated herein. These terms and conditions shall apply to the sale of the products described in the Aeansorge.com Catalog, Sales Order, Invoice, or other contract documentation to which these terms and conditions are attached or incorporated by reference. Except as expressly agreed by an authorized representative of Aeansorge.com in writing, no other terms and conditions, including any terms and conditions attached to, or contained within, Buyer's acceptance of the products or services delivered by Aeansorge.com shall constitute an affirmation by Buyer that the terms and conditions set forth herein govern the purchase and sale of the goods or services. THE TERMS OF THIS CONTRACT SHALL SUPERSEDE ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS PROPOSED BY BUYER OR CONTAINED ON BUYER'S PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.
Prices, Taxes and Payment
All prices are firm unless otherwise agreed to in writing. Aeansorge.com reserves the right to change the prices and specifications of its products at any time without notice. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced. In the event Aeansorge.com is required to prepay any such tax, Buyer will reimburse Aeansorge.com. Payment terms shall be payment due at time of purchase.
Delivery and Shipment
Aeansorge.com will make every effort to ship the products or provide the services hereunder in accordance with the requested delivery date, provided that Aeansorge.com accepts no liability for any losses or for general, special or consequential damages arising out of delays in delivery.
Title
Title to the products shall remain with Aeansorge.com until the occurrence of the following event: when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the Aeansorge.com facility.
Risk of Loss
The risk of loss or damage to the products shall be assumed by Buyer upon the occurrence of the following event: when the point of origin of the shipment is within the country of destination, upon the shipment of the products from the Aeansorge.com facility.
Inspection
Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided, that if, Buyer shall not have given Aeansorge.com written notice of rejection within 30 days following shipment to Buyer, the products shall be deemed to have been accepted by Buyer.
Returned Goods
No products shipped under this Contract may be returned without the express prior authorization of Aeansorge.com. All returns of products are subject to a restocking charge. No returns will be authorized after 30 days following shipment to Buyer.
Exports
Buyer represents that it will not knowingly export, either directly or indirectly, any product or service to any country for which approval is required, without the prior written approval of the office of Export Administration of the U.S. Dept. of Commerce or any other applicable U.S. Government Agency.
Equal Employment Opportunity
Aeansorge.com is an Equal Opportunity Employer. It does not discriminate in any phase of the employment process against any person because of race, color, creed, religion, national origin, sex, age, veteran or handicapped status. The Aeansorge.com Equal Opportunity Certificate, which is mailed annually to all vendors and vendees, is incorporated into this contract by reference.
Modifications, Waiver, Termination
This Contract may be modified, and any breach hereunder may be waived, only by a writing signed by the party against whom enforcement thereof is sought.
Governing Law
This Contract shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the State of Wisconsin.
Limitation Of Liability
In no event shall Aeansorge.com (including its affiliates and subsidiaries) be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequential damages. Aeansorge.com' total liability on any claim of any kind for any loss or damage whatsoever arising out of or in connection with or resulting from this Contract or from the performance or breach thereof shall in no case exceed the price allocable to the products or services or units thereof which gives rise to the claim.
Assignment
Buyer shall not assign its rights or its obligations under this Contract without the written consent of Aeansorge.com.
Cancellation Prior to Shipment
In the event Buyer requests that an order for products or services which it has placed with Aeansorge.com be cancelled prior to shipment, and with which request Aeansorge.com agrees, Buyer shall be liable to Aeansorge.com for all costs incurred by Aeansorge.com as a result of such cancellation, including but not limited to, any specifically identifiable incidental and consequential expenses.
Performance
Unless otherwise agreed to in writing, Aeansorge.com reserves the right to make design changes which Aeansorge.com believes will improve its products. Aeansorge.com shall only charge Buyer for actual quantities shipped. Aeansorge.com' performance shall be excused in the event of strikes, accidents, fires, unavailability of materials and all other causes beyond the control of Aeansorge.com.
General Provisions
The failure of Aeansorge.com to enforce at any time any of the provisions of this Contract, to exercise any election or option provided herein, or to require at any time performance by Buyer of any of the provisions herewith shall in no way be construed to be a waiver of any such provisions, or the right of Aeansorge.com thereafter to enforce each and every such provision. This Contract contains the complete and exclusive statement of the agreement between the parties in connection with the subject products and/or services and supercedes any previous understandings, communications, commitments, or agreements, oral or written. Buyer warrants that it has not offered or given and will not offer or give to any employee, agent or representative of Aeansorge.com any gratuity with a view toward influencing such person with respect to the terms, conditions or performance of this Contract or any contracts with Aeansorge.com. Aeansorge.com and Buyer are independent contractors; neither is an agent or employee of the other or has any authority to assume or create any obligation or liability of any kind on behalf of the other. Any provision of this Contract that is invalid or unenforceable under applicable laws with respect to a particular party or circumstance will be severed from this Contract with respect to such party or circumstance without invalidating the remainder of this Contract or the application of such provision to other persons or circumstances. The headings used in this Contract have no legal effect.