Rebuild Market (“Rebuild Market”) and Customer (“Customer”), in consideration of the mutual covenants, agreements and provisions set forth herein and hereon, hereby agree that the purchase of Rebuild Market products (“Products”) shall be subject to and in accordance with the following terms and conditions:
1. ORDERS FOR PRODUCTS
All Customer orders for Products shall be subject to these terms and conditions and, if applicable, an authorized quotation issued by Rebuild Market Such order, if accepted by Rebuild Market, shall have significance as a reference document only. The parties hereby agree that these terms and conditions shall govern and control the relationship between Rebuild Market and the Customer and that the terms and conditions contained herein shall supersede the terms and conditions contained in a Customer-issued order. Rebuild Market reserves the right to refuse orders in its sole discretion, or to accept such orders on a separate contract form or to limit the types and amounts of Products ordered.
2. PRICES
Prices for Products shall be the then current prices for such Products in effect at the time of Rebuild Market’s acceptance of an order or in accordance with an authorized and valid Rebuild Market quotation.
Prices are exclusive of all charges or levies of any nature including all federal, state, municipal or other govern-mental excise, sales, use, occupational or like taxes now in force or enacted in the future and, therefore, are subject to an increase in amount equal to any tax Rebuild Market may be required to collect or pay upon the sale or delivery of Products purchased.
All prices are subject to adjustment on account of changes in specifications, quantities, shipment arrangements, and the like or the inclusion of terms and conditions which had not been part of any valid price quotation issued by Rebuild Market
Rebuild Market’s policy is one of on-going product update and revision. Rebuild Market may revise and discontinue products at any time. Rebuild Market reserves the right to limit order quantity at any time without notice.
3. APPLICABLE LAW; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale.
4. PAYMENT TERMS
Unless otherwise specified by Rebuild Market in writing, payment terms shall be immediate payment by credit card.
Rebuild Market’s obligation to ship Products or otherwise perform hereunder shall be subject to the then current credit terms and policies as established by Rebuild Market from time to time.
5. SHIPMENT
Separate charges for shipping and handling will be shown on Rebuild Market’S invoice(s). The Customer is responsible for sales and all other taxes associated with the order, however designated, except for SOCIETAS, INC’s franchise taxes and taxes on Rebuild Market’s net income. If applicable, a separate charge for taxes will be shown on SOCIETAS, INC’s invoice.
All shipping dates quoted or otherwise agreed to by Rebuild Market are estimates only. Rebuild Market will use its best efforts to meet scheduled dates, but assumes no liability for failure to do so.
Title to products passes from Rebuild Market to Customer on shipment from Rebuild Market, facility. Loss or damage that occurs during shipping by a carrier selected by Rebuild Market is Rebuild Market’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
6. FORCE MAJEURE
Rebuild Market shall not be responsible for delays or non-performance directly or indirectly caused by governmental regulations or requirements, acts of God, unavailability of materials or products, work stoppages, slowdowns, boycotts or other causes beyond Rebuild Market’s reasonable control. In the event of delay due to any such cause, time for delivery shall be extended for a period of time equal to the duration of the delay, and Customer shall not be entitled to refuse delivery or otherwise be relieved of any obligations hereunder.
7. RETURN POLICY
Rebuild Market products that are purchased directly from RebuildMarket.com by an end-user Customer may be returned by Customer in accordance the return policy on the RebuildMarket.com website in effect on the date of the invoice.
8. WARRANTIES, DISCLAIMERS
Rebuild Market DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
9. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY
Rebuild Market will not be liable to Customer under this Agreement, including any liability for products, whether in contract, in tort (including negligence) under any warranty or otherwise for any special, indirect, incidental or consequential loss or damage, or loss of profits or revenues even if Rebuild Market has been advised of the possibilities of such damages. Rebuild Market will also not be liable for any claim by any third party except as expressly provided herein. The remedies set forth in this Agreement are exclusive and Rebuild Market’s liability for damages to the Customer for any cause whatsoever, including performance or non-performance by Rebuild Market or Products provided hereunder, regardless of the form of the action, under any warranty or otherwise will be limited to the remedies provided therein.
10. CANCELLATION OR POSTPONEMENT BY CUSTOMER
Orders accepted by Rebuild Market can be canceled or shipments postponed free of charge by written notice (including electronic mail) to Rebuild Market within two hours of the order’s placement.
11. GOVERNING LAW
This Agreement and any order accepted hereunder shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of California.
12. ASSIGNMENT
Customer shall not delegate any duties or assign any rights or claims under this Agreement without Rebuild Market’s prior written consent, and any such attempted delegation or assignment shall be void.
13. COMPLIANCE WITH LAWS
Customer, this Agreement and all Products purchased here-under are subject to all laws, regulations, orders or other restrictions that may now or hereafter be imposed by the government of the United States or any agency thereof, including but not limited to all regulations relating to the sale, export, re-export or redistribution of equipment.
14. GENERAL
A. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, such provisions are, to that extent, deemed omitted, but this Agreement and the remainder of its provisions shall otherwise remain in effect.
B. No provisions of this Agreement shall be deemed waived, amended or modified by either party, unless such waiver, amendment or modification is in writing and signed by the parties.
C. The waiver of one default under this Agreement shall not be deemed a waiver of subsequent or similar defaults.
D. Each order under this Agreement shall be treated as a separate contract and default by either party arising out of a particular order shall not constitute or be deemed to constitute a default of any other order or this Agreement itself. No lawsuit, regardless of form, arising out of this Agreement may be brought more than two years after the cause of action occurs.
15. ARBITRATION
Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against Rebuild Market, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Rebuild Market”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Rebuild Market’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and Rebuild Market The arbitration shall be held in Kern, Tulare, or Fresno county, California, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.
16. ACCEPTANCE
By ordering any product from Rebuild Market whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the “Terms of use” contained elsewhere in the Rebuild Market site.
THESE TERMS AND CONDITIONS SHALL SUPERSEDE AND TAKE PRECEDENCE OVER ALL PROPOSALS, CUSTOMER PURCHASE ORDERS OR ANY OTHER WRITTEN OR ORAL COMMUNICATIONS BETWEEN THE PARTIES. RECEIPT BY THE CUSTOMER OF PRODUCTS HEREUNDER SHALL BE DEEMED CONCLUSIVE EVIDENCE OF CUSTOMER’S AGREEMENT THAT THE PURCHASE, USE AND POSSESSION OF PRODUCTS IS GOVERNED EXCLUSIVELY BY THESE TERMS AND CONDITIONS.