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Terms & Conditions
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TERMS AND CONDITIONS OF SALE
“The Company” shall mean Blood Depot Inc.
Except where otherwise agreed in writing, all orders are accepted subject to the following Terms and Conditions of Sale. These conditions shall take precedence over any other Terms and Conditions and
the acceptance of an order does not constitute recognition of terms or conditions other than the Company’s own; orders will not be accepted subject to conditions. Where any one or more condition(s) is
waived this shall in no way affect or alter the validity of the other conditions contained herein.
All quoted prices are for stock items including standard packing unless specified to the contrary. The Company reserves the right to increase the price of goods to reflect any increase in the Company’s costs which is due to any factor (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increase in the costs of labor materials or other costs of manufacture) any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate information or instructions.
Time or dates for delivery or performances are business estimates only and not contractual obligations of the Company. Times therefore will not be of the essence of the contract and providing the company makes delivery within a reasonable time (taking into account all the circumstances) the Buyer will be bound to accept delivery if made after the date fixed, and shall not be entitled to repudiate the
contract or claim damages in respect of late delivery.
Subject to the conditions set out below the Company warrants that the goods will correspond with their specifications at the time of delivery and will be free from defects in material and workmanship.
The above warranty is given subject to the following conditions:
The Company shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the manufacturer instructions or proper quality controls
(whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval.
The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for goods has not been paid by the due date for payment.
SUBJECT TO THE EXPRESS PROVISIONS IN THESE CONDITIONS, ALL WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, OR MERCHANTABILITY OR FITNESS; THERE ARE NO WARRANTIES
WHICH EXTEND BEYOND THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE.
Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be
notified to the Company in writing within 7 days from the date of delivery or (where the defect of failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect
or failure. If delivery is not refused, and the Buyer does not notify the Company accordingly, the buyer shall not be entitled to reject the goods and the Company shall have no liability for such defect or
failure and the Buyer shall be bound to pay the price as if the goods had been delivered in accordance with the Contract.
WHERE ANY VALID CLAIM IN RESPECT OF ANY OF THE GOODS WHICH IS BASED ON ANY DEFECT IN THE QUALITY OR CONDITION OF THE GOODS OR THEIR FAILURE TO MEET
SPECIFICATION IS NOTIFIED TO THE COMPANY IN ACCORDANCE WITH THESE CONDITIONS THE COMPANY SHALL BE ENTITLED TO REPLACE THE GOODS (OR THE PART IN
QUESTION) FREE OF CHARGE OR, AT THE COMPANY’S SOLE DISCRETION, REFUND TO THE BUYER THE PRICE OF THE GOODS (OR A PROPORTIONATE PART OF THE PRICE), BUT
THE COMPANY SHALL HAVE NO FURTHER LIABILITY TO THE BUYER.
THE COMPANY SHALL NOT BE LIABLE TO THE BUYER BY REASON OF ANY REPRESENTATION, OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON
LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR ANY CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS OF PROFIT OR OTHERWISE), COSTS, EXPENSES OR
OTHER CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (AND WHETHER CAUSED BY THE COMPANY’S NEGLIGENCE, OR THE NEGLIGENCE OF THE COMPANY’S
EMPLOYEES OR AGENTS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF THE GOODS OR THEIR USE OR RESALE BY THE BUYER, EXCEPT AS
EXPRESSLY PROVIDED IN THESE CONDITIONS.
The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to
the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond
the Company’s reasonable control:
Act of God, explosion, flood, tempest, fire or accident;
War or threat of war, sabotage, insurrection, civil disturbance or requisition;
Acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental or local authority;
Import or export regulations or embargoes;
Strikes, lock-outs or other industrial actions or trade disputes (whether involving the Company’s employees or the employees of a third party);
Difficulties in obtaining raw materials, labor, fuel, parts or machinery;
Power failure or breakdown in machinery.
Returnable packing items should be returned freight prepaid within 30 days. If returned in proper condition, credit will be issued. The Company does not permit deduction from invoices in respect of
charges for returnable packaging.
Any agreements, warranties or offers made by the Company’s representatives or agents are not binding unless and until they have been confirmed in writing by the Company.
The Buyer assumes responsibility that goods stipulated by him are suitable for his purpose, and the Company does not undertake to take back to stock for credit or otherwise, any unwanted or surplus
goods or materials which customers may have on their hands.
Notification of alleged loss or damage in transit must be made to the Company within three days of delivery. In the case of non-delivery notification must be made to Company in writing within seven days
after receipt of the Company’s invoice and the Company will entertain no claims unless time limits are complied with.
For non U.S. sales the following additional conditions shall apply:
Prices quoted are for stock items including standard packaging and exclude taxes and/or duties. Additional charges such as export packaging and special handling will be charged extra.
All orders are accepted subject to the appropriate Export License and other necessary Consents required for export.
Unless otherwise agreed in writing payments shall be by irrevocable letter of credit confirmed by a U.S. bank approved by the Company. All expenses in respect of the letter of credit are to be for the
account of the Buyer.
The Company will not accept responsibility for non insurance where such instructions are omitted from the order. If the Buyer asks the Company to arrange insurance the Company shall effect
insurance at the full c.i.f. value plus but the Company is exempt from liability to claim in respect of any alleged damage or loss.
Any claim arising out of a contract should be made within three days of receipt of the goods by the buyer or Consignee and in the case of non delivery it is a term of this contract that the carrier
and the Company should be advised in writing within 28 days in the case of road, rail or air freight or 60 days in the case of post or sea freight from the date of advice of dispatch. No claim will be entertained by the Company or the insurance company unless all packing materials are retained pending inspection by the carrier and/or the Company and the representative of the carrier or the
Company or the insurers.
Any contract of sale entered into by and between the parties resulting from Buyer’s order shall be solely and exclusively governed, construed and enforced in accordance with the laws of the State of Georgia, to the exclusion of all other states’ laws. Any and all disputes of any kind, at any time, shall be adjudicated solely and exclusively in the State Courts of Douglas County Georgia, to the exclusion of all other state and federal courts, and the parties do hereby agree to submit to the personal jurisdiction and venue of the State Courts of Douglas County, Georgia
