| 1. Application of Terms and Conditions of Sale. The following terms and conditions shall govern the sale by the entity, Smith's Fine Wood Products ("smithswood.com" or "Seller") named on the invoice that will be provided to Customer for orders for wood or related products sold by Smith's Fine Wood Products. By ordering products on the smithswood.com web site or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. Smith's Fine Wood Products reserves the right to change these terms and conditions without prior written notice at any time, at the sole discretion of Smith's Fine Wood Products. |
2. Other documents do not apply. These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by Smith's Fine Wood Products. |
3. Payment Terms. Terms of payment shall be determined at the discretion of Smith's Fine Wood Products and otherwise agreed to by Smith's Fine Wood Products. Smith's Fine Wood Products must receive payment prior to Smith's Fine Wood Products' acceptance of Customer's order. Payment shall be made by credit card or some other pre-arranged method of payment acceptable to Smith's Fine Wood Products.
Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Smith's Fine Wood Products shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
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4. Prices, Shipping, Handling Charges, Taxes and other charges. Smith's Fine Wood Products will only ship to U.S. and Canadian locations. All prices do not include charges for shipping, handling, taxes or other similar fees, duties or imposts. Separate charges for shipping and handling will be shown on the invoice. Smith's Fine Wood Products is obligated to withhold sales tax for delivery within Pennsylvania only. Unless Customer provides Smith's Fine Wood Products with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Smith's Fine Wood Products' acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order. |
5. Product Availability. Product availability may be limited. Products may not be available for immediate delivery. Smith's Fine Wood Products reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. |
6. EXCLUSION AND LIMITATION OF LIABILITY. FOR ANY BREACH OF THESE TERMS AND CONDITIONS BY SMITH'S FINE WOOD PRODUCTS, PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE A REFUND OF THE PURCHASE PRICE PAID. SELLER'S MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL SMITH'S FINE WOOD PRODUCTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF DATA OR USE EVEN IF SMITH'S FINE WOOD PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
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7. Force Majeure. SMITH'S FINE WOOD PRODUCTS SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF SMITH'S FINE WOOD PRODUCTS. |
8. Export Control. Products purchased or received under these terms and conditions are subject to export laws and regulations of the United States of America. |
9. Headings. The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions. |
10. Return Policies. Customer may return the product only in accordance with Smith's Fine Wood Products' return policy in effect on the date of the invoice. |
11. No Assignment. Customer may not assign any of its rights or obligations under this Agreement without the express written consent of Smith's Fine Wood Products. |
12. Invalidity of Provisions. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. |
13. Entire Agreement. This agreement, including any end-user license agreements accompanying the products, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous communications or understandings. |
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