GENERAL TERMS AND CONDITIONS
Applicable to All Purchases.
These General Terms and Conditions shall apply on a continuing basis to all purchases made by Customer from Olympia Pontoons, LLC (“Company”). In the interest of time and efficiency, Customer agrees that it will not be necessary for it to receive and sign a copy of these General Terms and Conditions each time it places an order with Company, but nevertheless agrees to be bound by them in connection with each purchase of products or services from Company.
Payment Terms. The Payment Terms set forth in a written quote that is accepted and signed by Customer (the “Quote”) are incorporated herein in their entirety. Acceptance of Quote and Deposit of funds is acceptance of General Terms and Conditions. The signature of quote is the signature of acceptance for General Terms and Conditions.
Default. In the event Customer defaults in payment or fails to observe, keep or perform any term, covenant or condition of the Credit Application, these General Terms and Conditions or any other agreement with Company, and this account is turned over for collection, Customer agrees to pay all costs of collection and reasonable attorney’s fee.
Representation of Solvency. Customer represents on a continuing basis that Customer is solvent as of the date of the “Quote” and agrees that this written representation of solvency shall be deemed to have been re-extended to Company each time Customer makes a purchase from Company, unless Customer advises Company otherwise in writing. Customer covenants to so notify Company immediately if and when this representation of solvency shall no longer be true.
Taxes. Customer shall reimburse Company for any sales, use, occupation, excise or similar tax which Company may be required to pay or collect upon the sale, delivery or transportation of any products it sells to Customer.
Delivery. Delivery dates are approximate and are based upon (1) the availability of the materials and (2) labor required to manufacture the product. Unless otherwise stated on the invoice, delivery shall be made F.O.B Company’ facility and title will pass to Customer when Customer or its agent takes physical control of the product.
Delay. Notwithstanding any representations of any agent or employee of Company to the contrary, Company is not obligated to make delivery by any specified date, but will use its best efforts to make delivery within the time requested. Time is not of the essence. Company SHALL NOT BE LIABLE FOR ANY FAILURE OR DEALY IN MAUFACTURE, SHIPMENT OR DELIVERY OF PRODUCTS RESULTING FROM ANY CAUSE BEYOND COMPANY’S CONTROL OR IMPRACTICALITY OF PERFORMANCE, including, but not limited to, provisions of law or governmental regulations, accident, explosion, fire, pandemics, infectious diseases, windstorm, flood or other casualty, strike, lockout, or other labor difficulty, riot, war, insurrection, shortage of or inability to secure labor, raw materials, production or transportation facilities. In the event of such delay, there will be no termination and the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
Warranties. THERE ARE NO WARRANTIES, EXPRESS OF IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE UNLESS THEY APPEAR IN A WRITING SIGNED BY COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, ARISING FROM THE USE OF ITS PRODUCTS OR FROM CONSEQUENTIAL DAMAGES. ANY CLAIM CUSTOMER MAY HAVE AGAINST COMPANY WITH RESPECT TO THE SALE, HANDLING, OR USE OF THE PRODUCTS SOLD, COMPANY’ LIABILITY FOR BREACH OF THE WARRANTY, NEGLIGENCE OR OTHERWISE, IS EXPRESSLY LIMITED AT THE OPTION OF COMPANY TO (A) THE REPLACEMENT AT THE AGREED POINT OF DELIVERY OF ANY PRODUCTS OR SERVICES FOUND TO BE DEFECTIVE OR NOT TO CONFORM TO THE SPECIFICATIONS SET FORTH HEREIN, (B) THE REPAIR OF SUCH PRODUCTS, OR (C) THE REFUND OR CREDITING TO CUSTOMER OF THE PRICE OF SUCH PRODUCT.
Georgia Law. The law of the State of Georgia shall govern the rights and duties of the parties.
Jurisdiction and Value. In any action, proceeding or appeal on any matter related to or arising out of any transaction to which these General Terms and Conditions relate, Customer and Company shall be subject to the personal jurisdiction of the State of Georgia, including any state or federal court sitting therein, and shall accept venue in any federal or state court in Catoosa County, Georgia.
Severability. In case any one or more of the provisions contained in the Credit Application or in these General Terms and Conditions should be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained therein or herein shall not in any way be affected or impaired thereby.
Right to Recover. If legal action shall be brought by either of the parties hereto because of the breach of any term of the agreement between the Parties, or the breach of any covenant or provision hereof, the party prevailing in said action shall be entitled to recover costs of suit and reasonable attorney’s fees incurred by the prevailing party in the action.
Modifications. There are no terms, conditions, understandings or agreements between Customer and Company other than those stated herein and in the Quote, the terms of which Quote are merged herein. To the extent that there are any inconsistencies or conflicts between the Quote or any other document or communication from Company and these General Terms and Conditions, these General Terms and Conditions supersede and control. These General Terms and Conditions may only be modified or altered by a writing signed by the Customer and by both the President of the Company and one of the managers of the Company.