1. SALE AND PURCHASE OF GOODS
VIS-A-VIS hereby agrees to sell, and you (“buyer”) hereby agree to purchase, goods of the description and quantity described on invoices on the Terms and Conditions set forth in this agreement.
2. PURCHASE PRICE
Buyer agrees to pay the purchase price of the goods.
3. PAYMENT TERMS
The total amount of the purchase price shall be payable in full by buyer according to the payment due date stated on invoices. Any portion of the purchase price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from buyer for seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
4. DELIVERY
Unless otherwise agreed in writing, delivery shall be made in accordance with seller’s shipping policy in effect on the date of shipment. Delivery dates provided by seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by seller, goods shall be packaged according to seller’s standards and practices.
5. LIMITED WARRANTY
Seller supplies as its sole warranty the following:
VIS-A-VIS ensure quality control each product is inspected before shipping. Any additional inquiries may be sent to [email protected].
6. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY
Seller undertakes no responsibility for the quality of the goods, except those provided in this agreement, and seller disclaims all other warranties and conditions, express or implied.
7. FORCE MAJEURE
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the goods or the manufacturing facility for the goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of god, contingency or circumstances not subject to the reasonable control of seller, which causes delays or hinders the manufacture or delivery of goods. seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
8. GENERAL
Buyer may not assign this agreement without seller’s written consent. Seller is the sole intended beneficiary of this agreement. If there is any inconsistency between this agreement and any other agreement included with or relating to the goods, this agreement shall govern. This agreement may not be modified, altered or amended without the written agreement of seller. Any additional or altered terms attached to any order submitted by buyer shall be null and void, unless expressly agreed to in writing by seller. If any term of this agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This agreement shall be interpreted under the laws of french laws, without giving effect to conflicts-of-law rules; and in the event of a dispute under this agreement; buyer submits to the exclusive jurisdiction and venue of the courts of french laws and hereby waives any objection to such jurisdiction and venue.
9. RETURNS
VIS-A-VIS has no return policy.