Terms/Conditions

TERMS AND CONDITIONS

1. Sale

It is expressly understood and agreed that Buyer guarantees full compliance with Buckles International's terms of sale policy with a maximum of 30 days payment. Any changes to any of these Terms and Conditions must be made by an officer of Buckles International, in writing. Any balances unpaid as of the date due shall be subjected to a 1.5% Finance Charge per month of such balance until paid or the maximum interest rate allowed by applicable law, whichever is less.

2. Delivery

Delivery terms are FOB at Buckles. Delivery shall be deemed to have been made when Buyer's shipment has been placed in Buckles' shipping area awaiting pick-up by carrier or by Buyer or Buyer's Agent. Unless otherwise advised Buckles will prepay shipping with a carrier such as Federal Express or UPS or a truck freight company, at Buckles' election, and Buyer shall fully reimburse Buckles for any charges incurred in accordance with Buckles' payment terms policy. Buckles shall not be liable for such shipment.

Risk of loss on all Products shall pass to Buyer upon delivery, and Buyer shall be held responsible for any storage charges should the products be held by Buckles at the Buyer's request pending shipping instructions.

Title to the Products sold shall pass to the Buyer upon delivery by Buckles. Buyer hereby agrees however that Buckles shall retain a purchase money security interest in all Products sold to Buyer and to any proceeds from the disposition of such Products until the purchase price and other charges due Buckles shall have been paid in full. Buyer hereby agrees to execute and hereby irrevocably authorizes Buckles, its Attorney-in-Fact, in its name and on its behalf to execute any financing statements, or other documents as Buckles may request in order to protect Buckles' security interest. The foregoing power of attorney shall be coupled with an interest and therefor irrevocable. Upon any default by Buyer hereunder, Seller shall have all rights and remedies of a secured party under the Uniform Commercial Code which rights shall be cumulative.

3. Return Policy

Merchandise may not be returned to Buckles for credit or exchange unless a return authorization is issued in advance and in writing. Any credit or returns will be at salvage value as determined by Buckles after inspection. Return goods are subject to a re-stocking charge.

4. Warranty

THE PRODUCTS SHALL BE SUBJECT ONLY TO SUCH WARRANTIES AS MAY BE SPECIFIED ON SUCH PRODUCTS OR ANY LITERATURE ACCOMPANYING THEM AND SUCH WARRANTIES SHALL BE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BUCKLES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY OF THE PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION THEREOF MAY NO NOT APPLY TO PARTICULAR SALES. IN ANY EVENT BUYER AGREES THAT NO REPRESENTATIONS HAVE BEEN MADE BY BUCKLES CONCERNING ANY LOAD TEST PARAMETERS OF ANY BUCKLES' PRODUCTS.

5. Force Majeure

Buckles shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, acts of the Buyer, acts of civil or military authority priorities, fires or floods, or epidemics, quarantine restrictions, war, riots, strikes, differences with the workmen, accidents to machinery, car shortages, delays in transportation, delays in delivery by Buckles' vendors, or any other causes beyond the reasonable control of Buckles. The delivery date shall be deemed extended for a period of time equal to the time lost due to any delay excusable under this clause.

6. Default and Cancellation

In the event of Buyer's default in payment for the products purchased, upon the terms and conditions agreed upon with Buckles, Buyer shall be responsible for all reasonable costs and expenses incurred by Buckles in collection of any sums owing by Buyer, and Buckles shall not be obliged to make any further deliveries to Buyer. Such reasonable costs and expenses of Buckles shall include, but not be limited to, reasonable attorneys and collection fees. In the event of such default Buyer agrees that Buckles may take back any of the product shipped to Buyer and to charge Buyer for any associated pickup charges, as determined in the sole discretion of Buckles.

7. Warning

BUCKLES' PRODUCTS SHOULD NOT BE USED IN ANY APPLICATION WHERE PERSONAL SAFETY OR VALUABLE PROPERTY COULD BE ENDANGERED. MISUSE CAN RESULT IN INJURY OR DEATH. BUYERS MUST INFORM THEIR PURCHASERS THAT THE USER ASSUMES FULL RISK FOR ALL DAMAGES OR INJURIES, EITHER DIRECT OR INDIRECT, ASSOCIATED WITH THE USE, MISUSE, OR THE FAILURE TO DETERMINE THE APPROPRIATE USE OF ANY BUCKLES PRODUCT.