Standard Terms & Conditions for Sale of Goods
Definitions
In this document the following words shall have the following meanings:
- “Buyer” means the organization or person who buys Goods
- “Goods” means the articles to be supplied to the Buyer by the Seller;
- “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever enforceable
- “Seller” means Negative G RC LLC, 501 Elm Ave Kuna ID 83634
GENERAL
These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that the Buyer wishes such terms to apply and this has been acknowledged by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that the Buyer does not in any way rely on any description when entering into the contract.
LIMITATION OF LIABILITY
The Seller shall not be liable for any and all loss or damage suffered by the Buyer in excess of the contract price. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
HOLD HARMLESS
Buyer shall fully defend, indemnify and hold harmless Seller from any and all claims, demands, lawsuits, causes of action, loss, liability, injury and/or damage of any kind whatsoever including without limitation all claims for property damage, monetary loss, personal injury, equitable relief, and/or wrongful death, whether brought by an individual or other entity or imposed by a court of law or by administrative action of any federal, state or local governmental body or agency that arises out of any acts of negligence, omission or willful misconduct in any way.
This indemnification applies to and includes, without limitation the payment of all penalties, judgments, fines, awards, attorneys’ fees and related costs or expenses and any reimbursements to the Buyer for all legal fees, expenses and costs that are incurred by it.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vested in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
COPYRIGHT
By acknowledging and accepting these terms & conditions you agree to use any Goods purchased from the Seller for personal use only. You may not use any Goods purchased from the Seller or any other Intellectual Property owned by the Seller for profit. Goods purchased from the Seller may not be used for any commercial design, commercial reproduction or commercial resale. All images, design content, dimensions, and any other intellectual property contained within this site are the sole property of the Seller and are subject to copyright.
RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the parties hereby submit to the exclusive jurisdiction of the US courts.
If you have any questions about these Terms & Conditions, the practices of this site, or your dealings with this site, please contact us at:
Negative G RC LLC
admin@negativegrc.com