HomeMy WebLinkAbout499434 PRODISPLAY - CONTRACT - PURCHASE ORDER - 91214641 DISPLAY "
ProDisplay USA Resale Terms Agreement
ProDisplay USA, A DISTRIBUTOR OF ProDisplay U.K. Ltd, & RELATED PRODUCTS FROM
VARIOUS MANUFACTURERS. PRODISPLAY USA AGREEES TO DELIVER PRODUCT TO IT'S
CUSTOMERS IN TACT AND IN GOOD WORKING ORDER WITHOUT DAMAGE OR LOSS.
PURCHASE ORDERS AND ORDER PROCESSING— ALL ORDERS WILL BE SUBMITTED IN
WRITTEN FORM. PURCHASE ORDERS SHOULD INCLUDE THE MATERIAL TYPE, SIZE,
ASPECT RATIO AND/OR DIMENSIONS IN ORDER TO BE CONSIDERED COMPLETE AND
ABLE TO BE PROCESSED. INCOMPLETE PURCHASE ORDERS MAY NOT BE ACCEPTED
AND PROCESSED IF CREDIT CRITERIA HAS NOT BEEN MET BY THE PURCHASER.
DELIVERY OF GOODS MAY DEPEND ON MEETING CREDIT COMPLIANCE AND CREDIT
TERMS OF PRODISPLAY USA.. THERFORE„ PURCHASE ORDERS THAT CONTAIN SHIP
DATE REQUIREMENTS WILL BE IGNORED OR PURCHASE ORDER REJECTED.WE AT
PRODISPLY WILL ALWAYS MAKE BEST EFFORTS TO BE EXPEDIENT IN ALL
HANDLING EVEN IN THE FACE OF OTHER DELAYS. PURCHASE ORDERS THAT
CONTAIN DELIVERY DATE REQUIREMENTS CAN NOT BE ACCEPTED AND WILL BE
IGNORED OR REJECTED AS COMPANY HAS NO CONTROL OVER CARRIER
OPERATIONS AND POTENTIAL ACTS OF GOD. ORDERS MAY NOT BE CANCELLED.
Should an order be cancelled for any reason any deposit may forfeited at the ProDisplay USA's
discretion.
AVALAIBILITY AND TURN AROUND TIME IS VARIABLE DEPENDING ON MATERIAL
AND LABOR NECESSEARY TO DELIVER. -- DIFUSSION MATERIAL AND PROJECTION
FILM ALONE ARE USUALLY SHIPPED WITHIN (7) SEVEN TO (14) FOURTEEN BUSINESS
DAYS. LCD GLASS AND FILM ALONG WITH INTERACTIVE FILM PRODUCTS MAY TAKE
AS MUSCH AS (4) FOUR TO (6) SIX WEEKS. ORDERS SHIPPED W [THING THAT TIME FRAME
MAY BE CONSIDERED EXPEDITED. ITEMS REQUIRING FABRICATION MAY SHIP IN AS
MUCH AS 30 DAYS FROM ACCEPTANCE OF ORDER. DELAYS FROM INTERNATIONAL
CUSTOMS HANDLING,ASWELL AS FREIGHT DELAYS ARE NOT UN -COMMON AND CAN
ADD TIME TO OUR PROMISED DELIVERY AND SHOULD BE UNDERSTOOD. DOMESTIC
CARRIERS OPERATIONS ARE OUT OF OUR HANDS AND DELAYS IN TRANSPORTAION ARE
NOT THE LIABILITY OF PRODISPLAY USA. ACTS OF GOD CAN CREATE WEATEHER
ORIENTED DELAYS THAT ARE OUT OF THE HANDS OF PRODISPLAY USA AND HAVE TO
BE UNDERSTOOD BY CUSTOMER AS A POSSIBILITY.
CUSTOM WORK AND FILM INSTALLATION PERFORMED FOR CLIENT:
When Films are applied for clients in locations other than the UK factory when precise clean room
situations do not exist. As this is a precise mechanical process and external elements could contribute to
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minute imperfections or film contamination due to air or airborne particulates. PRODISPLAY USA will
warrant these installations to be free from defect up to 97 percent free from defect of air or airborne
contaminants to the film application.
LIMITATION OF LIABILITY -- PRODISPLAY USA'S LIABILITY SHALL BE LIMITED TO ANY
LOSS OR DAMAGE WHICH RESULTS SOLELY FROM PRODISPLAY USA'S NEGLIGENCE IN
THE ACTUAL PHYSICAL HANDLING OF THE ITEMS
SHOULD PRDODISPLAY USA BE FOUND LIABLE FOR ANY LOSS OR DAMAGE PRODISPLAY
USA's SOLE AND EXCLUSIVE MAXIMUM LIABILITY IS TO THE COST TO RETURN THE
DAMGED GOODS TO THE MANUFACTURER FOR REPAIR OR REPLACEMENT WHICH EVER
IS LESS. INSTALLATION OF THE MATERIALS IS THE SOLE RESPONSIBILTYOF THE
PURCHASER.
LIMITATION OF LIABILITY continued
IN NO EVENT SHALL PRO -DISPLAY USA BE LIABLE TO THE PURCHASER OR ANY OTHER
PERSON FOR SPECIAL, COLLATERAL, EXEMPLARY, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES OCCUR EITHER PRIOR OR
SUBSEQUENT TO THIS AGREEMENT, OR ARE ALLEGED AS A RESULT OF TORTUOUS
CONDUCT, FAILURE OF THE EQUIPMENT OR SERVICES OF PRODISPLAY USA OR BREACH
OF ANY OF THE PROVISIONS OF THIS CONTRACT, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, WARRANTY OR IN TORT, INCLUDING STRICT
LIABILITY AND NEGLIGENCE. EVEN IF PRODISPLAY USA HAS BEEN ADVISED OR HAS
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES CAUSED BY
PURCHASER, OR FAILURE TO PERFORM PURCHASER'S RESPONSIBILITIES. SUCH
EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF
USE, INTERRUPTION OF BUSINESS OR OTHER CONSEQUENTIAL OR INDIRECT ECONOMIC
LOSSES.
ATTORNEYS FEES — IF ANY CLAIM OR ACTION IS BROUGHT ARISING OUT OF OR IN
ANY WAY RELATED TO THIS AGREEMENT, THEN THE PREVAILING PARTY ON SUCH A
CLAIM OR ACTION SHALL BE ENTITLED TO AN AWARD OF REASONABLE ATTORNEYS
FEES AND COSTS.
JURISDICTION AND CHOICE OF LAW -- THIS AGREEMENT LL BE INTERPRETED AND
CONSTRUED UNDER THE LAWS OF THE STATE OF WITHOUT GIVING EFFECT
TO ITS CONFLICT OF LAWS RULES. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT
OF OR RELATING TO THIS CONTRACT SHALL RESIDE IN A COURT OF COMPETENT
JURISDICTION IN 0176h 6ECOUNTY, GA4:4�.
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NO WARRANTIES - PRODISPLAY USA MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR SUITABILITY. ProDisplay U.K. THE MANUFACTURER OF THESE PRODUCTS
DISTRIBUTED ARE COVERED BY THE MANFACTURER'S WARRANTY.
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THE LATEST WARRANTY INFO IS AVAIALBLE BY E-MAILING
SALES0, PRODISPLAYUS.COM or INFO(u PRODISPLAY US.COM.
PRODISPLAY USA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR SUITABILITY.
See Special Note next page 3
SPECIAL NOTE:
EVERYPARCEL MUST BE INSPECTED AT TIME OF RECEIPT FOR VISIBLE DAMAGE.
NO SIGNATURE SHOULD BE GIVEN TO ANY DRIVER UNDER ANY CIRCUMSTANCES IF
VISIBLE DAMAGE EXISISTS ON THE EXTERIOR OF THE CONTAINER. INSPECT CONTENTS
IMMEDIATELY IF POSSIBLE. IF THE CARRIER WILL NOT WAIT FOR FURTHER INSPECTION
PRINT THE WORD RECEIVED DAMAGED IN THE SIGNATURE LINE OF THE BILL OF
LAIDING ALONG WITH THE NAME OF THE RECEIVER, THEN CONTACT PRODISPLAY USA
IMMEDIATELY.
TOLL FREE NUMBER 1-800-348-1704. REPORTS OF DAMAGE AFTER 24 HOURS OF RECEIPT
MAY NOT BE ACCEPTED BY THE CARRIER. CARRIER DAMAGE IS NOT THE
RESPONIBILITY OF PRODISPLAY USA.
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Company Name(s) C-:C-r-N, & L'r CeL,�� S
Company Address: T os tax S 8C7
City T:(re�L�`uS State CC:-> Country OU 4
Zip Code 'j;S 03 Z Z
Authorized Party Name & Title Jj:vdk-a¢S ,9 fly _ _
Print iD�/LI�t��J'� LVW"A. .f- ' 16T
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FAX DIRECTLY TO 888-468-7619
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