These Terms and Conditions shall apply to all quotations and sales of products or services by American Anchor Bolt L.P., a Texas limited partnership (“Seller”), to any person or entity (“Customer”). Customer’s agreement to any quotation of Seller or acceptance of any products or services of Seller shall evidence the acceptance by Customer of these Terms and Conditions.
Seller may terminate any agreement with Customer for cause in the event of any failure by Customer to comply with any of these Terms and Conditions or the terms and conditions of any other agreement with Seller. Seller may also terminate any agreement with Customer upon the commencement of a voluntary or involuntary proceeding against Customer or any of its affiliates seeking liquidation, winding-up, reorganization or other relief with respect to its debts under any bankruptcy or other similar law.
Seller shall not be in breach of its obligations under any agreement with Customer if performance of such obligations is prevented, delayed or made impracticable by any cause beyond the control of Seller, including without limitation acts or omissions of Customer, acts of God or any governmental agency, natural disasters or storms, fire, political strife, labor disputes, failure or delay of transportation or unavailability of parts or personnel.
Time for delivery shall not be of the essence of any agreement. Seller will make its best efforts to meet the stated delivery dates but it shall not be liable for any losses or damages resulting from any late delivery or non-delivery.
By acceptance of any products of Seller and until payment is made in full to Seller, Customer grants a security interest to Seller in such products together with all of the rights and remedies of a secured party under the Uniform Commercial Code.
CUSTOMER’S SOLE REMEDY FOR ANY CLAIM RELATING TO ANY ALLEGED DEFECTIVE PRODUCT OR SERVICE SOLD BY SELLER IS LIMITED TO EITHER (I)REPAIR OR REPLACEMENT BY SELLER OF THE DEFECTIVE PRODUCT OR SERVICE OR (II) AT SELLER’S OPTION, RETURN OF THE PRODUCT OR SERVICE AND REFUND OF THE PURCHASE PRICE. SUCH REMEDY SHALL BE CUSTOMER’S ENTIRE AND EXCLUSIVE REMEDY, AND SELLERS LIABILITY IS SPECIFCALLY AND EXCLUSIVELY LIMITED TO ITS OBLIGATIONS SET FORTH HEREIN AND SHALL UNDER NO CIRCUMSTANCES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SELLER’S LIABILTY FOR ANY SUCH CLAIM SHALL EXPIRE ONE YEAR FROM THE DATE OF DELIVERY OF SUCH PRODUCT OR SERVICE TO WHICH SUCH CLAIM IS RELATED.
IN NO EVENT SHALL SELLER BY LIABLE FOR ANY LOSS, DAMAGE OR LIABILTY OF CUSTOMER OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDNTAL OR CONSEQUENTIAL DAMAGES, INCURRED BY CUSTOMER OR ANY OF ITS AFFILIATES, OR ANY OTHER PERSON OR ENTITY AS A RESULT OF OR RELATED TO THE USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES SOLD BY SELLER TO CUSTOMER, WHETHER DUE TO THE NEGLIGENCE OF SELLER OR OTHERWISE.
THESE TERMS AND CONDITIONS, AND ANY OTHER AGREEMENT BETWEEN SELLER AND CUSTOMER SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAWS THEREOF.
Typographical or mathematical errors made by Seller in quotations, acknowledgments, invoices or any other agreements are subject to correction by Seller.
These Terms and Conditions constitute the entire agreement between Seller and Customer and supersede all prior agreements and understandings, both written and oral, between such parties with respect to the subject matter hereof. Any exceptions or amendments to these Terms and Conditions must be in writing and signed by an authorized representative of Seller.
