Offer, Governing Provisions and Re-orders
Any order for products which is placed with Life Golf Car dealers or itself, it is subjected to these terms and conditions.
Any future orders regardless of how placed, will also be subject to these terms and conditions. No modified or other conditions will be recognized by Seller unless specifically agreed to in writing and failure of Seller to object to provisions contained in any purchase order or other communications from Buyer shall not be construed as a waiver of these terms and conditions, nor an acceptance by Seller of any such provisions. No order accepted by Seller may be altered or modified by Buyer unless agreed to in writing by Seller, and no such order may be cancelled or terminated except upon payment of Seller's loss, damage and expense arising from such cancellation or termination, as set forth in Section 6 hereof.
IT IS RECOGNIZED THAT BUYER MAY HAVE FORMS THAT HAVE TERMS? AND CONDITIONS PRINTED THEREIN WHICH DIFFER FROM OR ADD TO THE TERMS AND CONDITIONS CONTAINED HEREIN, AND THAT SUCH ORDER FORMS MAY LIMIT ACCEPTANCE OF THE TERMS AND CONDITIONS OF SUCH PURCHASE ORDER FORMS. IN THE INTEREST OF ECONOMY AND CONVENIENCE, IT WILL BE PERMISSIBLE FOR BUYER TO PLACE AN ORDER WITH SELLER ON SUCH PURCHASE ORDER FORM, BUT IT IS EXPRESSLY UNDERSTOOD THAT NONE OF THE TERMS AND CONDITIONS THEREIN SHALL BE DEEMED EFFECTIVE AND THAT IN THE CASE OF SUCH CONFLICT, THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL BE DEEMED EFFECTIVE AND AGREED TO BETWEEN SELLER AND BUYER AND THAT ACCEPTANCE OF SUCH FORMS SHALL NOT BE DEEMED TO BE AN ACCEPTANCE OF THE TERMS AND CONDITIONS OF SUCH FORMS.
THE FOREGOING WARRANTY IS IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, EITHER IN CONTRACT OR ON ACCOUNT OF NEGLIGENCE, WITH RESPECT TO THE PRODUCTS OR ANY OF SELLER'S OBLIGATIONS ARISING HEREUNDER. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES, EXPENSES, LOSSES OR DELAYS, HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION, DAMAGES FROM DECREASE IN INCOME, INCREASE IN COST OF ANY DESCRIPTION ORDECREASE IN PROFITS, OR FROM FAILURE OF ANY PART OF THE PRODUCTS FURNISHED HEREUNDER. ALL LIABILITY OF SELLER ON ACCOUNT OF NEGLIGENCE OR IN TORT IS HEREBY WAIVED BY BUYER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THESE TERMS AND CONDITIONS.
Any claim under this warranty section and any obligation of Seller hereunder is conditioned upon Seller receiving written notice from Buyer of any alleged defect within ten (10) days after receiving goods and, at Seller's option, the return of the allegedly defective Products. No agent of Seller is authorized to make any warranty in addition to or contrary to the foregoing.
SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD BY SELLER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.
Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damage or personal injury damages, penalties, special or punitive damages, damage for lost profits or revenues, loss of use of products or any associated equipment, cost of capital, cost of substitute products, facilities or services, down-time, shut-down costs, recall costs, or any other types of economic loss, and for claims of Buyer's customers or any third party for any such damages.
SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING COSTS INCURRED AS A RESULT OF THE USE BY BUYER, BUYER'S CUSTOMERS OR BUYER'S AGENT OF A PRODUCT MADE BY SELLER.
Buyer shall indemnify Seller against any and all losses, liabilities, damages and expenses (including without limitation, attorneys' fees and other costs of defending any action) which Seller may incur as a result of any claim by Buyer or others arising out or in connection with the products sold hereunder and based on product defects not proven to have been caused solely by Seller's negligence.