Terms and Conditions

 

1. General

The Terms and Conditions outlined herein shall apply to the services or the sale of goods by Unleaded (hereinafter referred to as Company) thereunder. No additional or contrary terms shall be binding upon the Company unless agreed to in writing.

 

2. Schedule Dates + Delays

Schedule dates are approximate and neither party shall be liable for loss, damage, or delay due to war, riots, fire, flood, strike or other labor difficulty, acts of civil or military authority including governmental laws, orders, priorities or regulations, acts of the other party, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of such party. In the event of delay in performance due to any such cause, the schedule dates or time for completion will be adjusted to reflect the actual time as may be necessary to properly reflect the delay. The Purchaser’s receipt of services or goods shall constitute a waiver of any claims for delay.

 

3. Assignment

Neither party shall assign or transfer this contract without the prior written consent of the other party.

 

4. Payment

Unless otherwise stated, the Terms of Payment are net cash payable in full upon delivery. The Purchaser agrees that it shall make no deduction or set-off against sums due to the Company on the sale of services or goods to the Purchaser.

 

5. Taxes

Unless otherwise stated, the Purchaser shall pay all VAT, sales and other taxes and levies of whatever nature chargeable on the purchase price of the services or goods.

 

6. Warranty

The Company warrants that goods manufactured by the Company and furnished under this contract, will be free of defects in material and workmanship for a period of six months from the date of delivery and at its option, shall either repair or replace such goods, provided the Purchaser promptly notifies the Company of defects therein, within said period. The Company makes no performance warranty and effects such as corrosion, erosion and normal wear and tear are specifically excluded from the Company’s warranty. The company makes no other warranty or representation of any kind whatsoever, expressed or implied, except that of title, and all implied warranties, including any warranty of merchantability and fitness for a particular purpose, are hereby disclaimed.

 

7. Limitation of liability The remedies of the Purchaser set forth herein are exclusive, and the maximum liability of the Company, howsoever arising out of or in connection with the contract, except for damages for death or personal injury caused by the deliberate or wilful acts (including negligence by whatever name known) of the Company, its servants or agents, shall under no circumstances exceed an amount equal to the value of the contract. The Company shall not in any case be liable for loss of profit or special, punitive, exemplary, indirect or consequential losses whatsoever. The provisions of this Article 7 shall survive the termination of the Contract.

 

8. Intelectual Property

Any Intellectual Property rights in connection with the contract shall remain with the Company.

 

9. Severybility

If any provision of this contract is found invalid or unenforceable under any applicable laws or regulations, that provision will be deemed stricken from this Agreement, but its invalidity or unenforceability will not invalidate any other provisions of this contract.