Slabb, Inc., within this agreement is referred to as “Slabb” and “Buyer” refer to the Person(s) or Company for which this quote or order has been prepared and/or is being processed with the company details as in the header of this document. These Terms and Conditions are hereby incorporated into and made a part of any purchase order by The Buyer to order equipment from Slabb.
This Agreement constitutes the entire agreement between The Buyer and Slabb and supersedes all of our prior written and oral agreements and understandings relating to the subject.
Payment: Slabb’s standard terms are 100% payment due at time of order. Alternate terms of sale are solely at the discretion of Slabb, will be clearly stated on each quotation, Proforma Invoicing, Invoicing and any other documentation. Under no circumstances The Buyer will be entitled to withhold or suspend payment or deduct from or compensate with the amounts due hereunder. In the event that Slabb extends credit to The Buyer under this Agreement, The Buyer jointly and severally agree to pay for all purchases pertaining to this Agreement and all other charges as described below, according to the terms of this Agreement. This Agreement shall not be effective and binding until Slabb have advised The Buyer that credit, in the form of payment terms other than “100% payment upon order” has been approved.
Lead-time: Shipments of equipment is typically 6 to 8 weeks after receipt of funds or as agreed in the document by Slabb. Possible by the Buyer-consigned equipment must be received at Slabb’s factories no later than three weeks prior to shipment date.
Shipping: FOB Origin. If pre-paid freight applies, customs-clearance and import charges are to be paid by the Buyer. Freight quotes are estimated for budgeting purposes only and might be subject to change. All pre-paid freight charges will have to be paid in full prior to shipment.
Warranty: Slabb hereby warrants that each component manufactured or supplied directly by Slabb will be free of defects in material and workmanship for a period of twelve months following the date of (Proforma) invoice or shipment, whichever occurs first (the “Warranty Period”). Slabb period is in principle based on the “return to depot” warrantee; any defective component will be send back to Slabb and a replacement component will be shipped back to the Buyer using the same method of shipment the Buyer has used for shipment, however always within thirty (30) days of receipt, all at Slabb’s expense. Notwithstanding the foregoing, this warranty shall include, without limitation, all metal and plastic parts, fabrications, and formations whether or not a warranty is provided by the manufacturer, subcontractor, or supplier thereof. Slabb does not warrant any component supplied by the buyer or its suppliers. Slabb’s warranty may be voided by misuse, accident, modification, unsuitable physical or operating environment, and improper service and/or maintenance by Buyer or Buyer’s service organizations, removal or alteration of part identification or failure caused by a product for which Slabb is not responsible.
Slabb will guarantee component availability for at least thirty-six months of this agreement and agree provide engineering resources to assist The Buyer in finding suitable replacements of defective components when required by the Buyer during this period.
The Buyer shall notify Slabb within ten business days of transfer of title of any non-conformity including: missing, non-conforming or damaged components or peripherals. After such time has lapsed, Buyer agrees that their order has been accepted and Slabb shall not be responsible for any further obligation to provide conforming or replacement components except as provided by the terms contained in Slabb’s warranty.
Late Charge: In the event that Slabb does not receive payment of any amounts due by the due date, a late charge will be assessed beginning on that day and continuing each day thereafter until all amounts due are paid in full. The late charge will be the lesser of (a) maximum amount permitted by applicable law and (b) 10% per month of the total of the Balance Due.
Slabb remains owner of the equipment or goods purchased hereunder until the purchase price and any interest, late charge or costs due are paid in full by the Buyer. In the event of default by the Buyer in any payment due, Slabb shall have the right, in addition to any other remedies it may have at law or in equity, to withhold shipment, to recall equipment in transit and retake the same, to repossess any equipment or goods that are with the Buyer.
Limitation of Liability: To the extent allowed by law, Buyer shall be responsible for all liability, injury to persons or property, damages, claims and expenses arising from use of the equipment/supplies which are attributable to the negligent actions or misconduct of Buyer. Slabb shall be responsible for all liability injury to persons or property, damages, claims and expenses arising from use of the equipment/supplies which are attributable to the negligent actions, or misconduct of Slabb. In no event shall Slabb’s total aggregate liability hereunder exceed the costs actually paid by Buyer to Slabb under this agreement.
Slabb is providing equipment to the Buyer and Slabb has no control over how the equipment is used. Buyer agrees to indemnify, defend and hold harmless Slabb and its officers, directors, employees, agents and contractors from and against any and all third-party claims, demands, losses, liabilities, damages, suits, actions, attorneys’ fees and costs.
The liability of Slabb to Customer for any reason and upon any cause of action related to the delivery of goods and services provided under this agreement whether in tort or in contract or otherwise shall be limited to the amount paid by the customer to Slabb for the specific good or service from which a liability claim arises pursuant to this agreement.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Nevada. In the event of any dispute arising from or with regard to this agreement the Civil Court in Las Vegas will have exclusive competence. Notwithstanding the foregoing Slabb at its sole discretion is entitled to bring any dispute to the applicable competent courts of the place of residence of Buyer.
Slabb may sell, assign and/or transfer any or all of this Agreement or any balances due hereunder by giving commercially reasonable notice prior to doing so. Buyer may not sell, assign or transfer the Buyer’s Obligation under this Agreement without the express written consent of Slabb.