Legal Information
| TERMS AND CONDITIONS OF SALE The sale Gateway Shoes LLC ("Seller") indicated hereof is expressly made conditional on Buyer's assent to the terms and conditions here stated, and Seller agrees to furnish the products described herein only upon these terms and conditions. It is expressly understood and agreed that these terms and conditions shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in Buyer's order form, if any. Warranty The Seller warrants to the Buyer that the items to be delivered hereunder will, when delivered, be free from manufacturing defects and will be of the kind specified hereon. This warranty shall apply only to manufacturing defects appearing within twenty (20) days from the date of shipment by the seller. NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR OTHERWISE, OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE WHICH ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, SHALL APPLY TO PRODUCTS SOLD BY SELLER AND NO WAIVER, ALTERATION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF SELLER. IN NO EVENT, WHETHER AS A RESUILT OF BREACH OF CONTRACT OR WARRANTY BY SELLER OR A SUBCONTRACTOR OR SUPPLIER OR OTHERWISE, OR FROM LATE DELIVERY SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PERSON FOR INCIDENTAL OR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURY, REVENUE LOSS OR LOSS OF PROFITS OR CLAIMS OF CUSTOMERS OF BUYER FOR ANY SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE PROVISIONS OF ANY APPLICABLE STATUTE OR LAW, THE FOLLOWING SHALLCONSTITUTE THE EXCLUSIVE REMEDIES OF BUYER AND THE EXCLUSIVE LIABILITY OF SELLER. Any claim under the foregoing warranty must be made in writing to within 7 days of receipt of goods, and a sample of the product from one shipping container shall be made available to Seller at its request for examination at a place designated by Seller. No claim will be allowed for products damaged by Buyer or a third party. Seller's liability on any valid claim shall in no case exceed the price applicable to the product involved, and Seller shall have the option, at its election, of either reimbursing the cost thereof, including shipping expenses, or replacing the product, or replacing the alleged defects. Missouri law shall govern this transaction. Any litigation shall occur in Stoddard County, Missouri, to the exclusion of courts of any other state or country. Seller cannot accept returns unless the Seller has issued a Return Authorization Number. Product returned without a Return Authorizaion Number can be refused at Sellers discretion. Special designs and custom made items, not carried as "stock" by Seller, may NOT be returned. All invoices on accounts for more than 30 (thirty) days are subject to a 2% per month delinquency fee (24% annually). In the event that affirmative action is required on the part of the Seller to collect outstanding balances on Buyer's account, the Buyer shall be responsible for all costs associated with the collection thereof including but not limited to all reasonable attorney fees. |
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