TERMS & CONDITIONS

RV Kamper Kaddy, Inc. TERMS & CONDITIONS (Effective January 1, 2007)

 

  1. Acceptance. All orders accepted by RV Kamper  Kaddy, Inc.  (“Seller”) from the purchaser set forth in the Purchase Order   (“Purchaser”) are subject to the terms of this Agreement. Seller hereby  objects  to any conflicting, additional and/or different terms contained  in any purchase  order or other writing sent by Purchaser in accepting  this proposal and  the same shall not become part of this Agreement.
  2. Delivery. The delivery schedule, if  any, set forth in the  purchase order is based on the present estimate of the  shipping date  after receipt of Purchaser’s acceptance. The proposal contained  in the  purchase order is subject to availability of the products referenced in   any purchase order (the “Products”) from established supply sources  at  the specified time of delivery. Should shortages for any reason occur  in  Seller’s supply of the Products, Seller may allocate its supply of  the Products  in such manner and amount as Seller shall determine in its  sole discretion.  Seller reserves the right to suspend or reduce  deliveries during any period of  unavailability or shortages of the  Products and may reduce the quantities  deliverable under the quoted  purchase order by the quantities so omitted.  Seller shall not be liable  to Purchaser for any damages as a result of  non-performance or delay  in delivery or performance due wholly or partly to any  cause not  exclusively in Seller’s control (including, but not limited to,   non-performance or delay related to labor controversies, adverse weather   conditions, shortages, and unavailability of means of transportation).
  3. Limitation of Remedies and Liability.  Seller will replace  any of the Products that are found to be defective within  six (6)  months from the date of delivery. Seller’s sole liability and   Purchaser’s sole and exclusive remedy for any and all losses and  damages,  special, direct, incidental and consequential, sustained by  Purchaser or  others, arising out of the performance of the Products,  shall be limited to the  furnishing of new Products or correction of  defective or nonconforming  Products, whichever such remedy Seller shall  select, F.O.B. Seller’s place of  business in Edmonds, Washington.  Seller shall not be liable for any costs  Purchaser may incur in  replacing or correcting any of the Products furnished  hereunder. In no  event shall Seller be liable for prospective profits,  incidental or  consequential damages due to any default under the terms of this   purchase order. Purchaser waives any and all claims of any nature  regarding the  Products provided by Seller
  4. Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS  AGREEMENT, RV   KAMPER KADDY, INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND,  EXPRESS NOR IMPLIED (INCLUDING NO WARRANTY OF  MERCHANTABILITY OR  FITNESS OF THE PRODUCTS FOR THE PARTICULAR USE CONTEMPLATED  BY  PURCHASER) AND NONE SHALL BE  IMPLIED BY LAW. PURCHASER AGREES THAT ORAL   AGREEMENTS, STATEMENTS AND REPRESENTATIONS  MADE BY RV KAMPER KADDY,  INC., ITS EMPLOYEES OR ITS AGENTS SHALL NOT CONSTITUTE  A WARRANTY OF  ANY KIND.
  5. Failure to Notify.  Purchaser’s failure to promptly notify  Seller of any defects in the Products or  any improper or unauthorized  use of the Products shall terminate Seller’s  six months obligation to  replace defective Products and shall relieve Seller  from any further  responsibility for the Products.
  6. Price. The prices set forth in  Seller’s published retail  price list may be changed by Seller without  notice in order to reflect  Seller’s published prices at time of shipment,  including any increases  in transportation, labor or other costs. If a delivered  price has been  quoted, any charges at the destination for spotting, switching,   handling, storage and other accessories services and demurrage shall be  borne  by Purchaser, and any increase in transportation charges shall be  added to the  quoted price. Seller reserves the right to correct any  obvious errors in  specifications, quantities or prices.
  7. Taxes. Any taxes, which under any existing or  future law,  Seller may be required to pay or collect with respect to the sale,   purchase, delivery, storage, processing, use, consumption or  transportation of  any of the Products covered hereunder shall, if not  separately shown herein, be  added as a separate item to the quoted  price, and shall be paid by Purchaser to  Seller on demand. The  foregoing shall not apply to any taxes, the payment or  collection of  which by Seller is excused by reason of delivery to Seller of  valid tax  exemption certificate(s).
  8. Terms of Payment. Unless otherwise  expressly provided  herein, orders shall be upfront by cashier’s check, cash,  wire transfer  or prepaid by a credit card. Seller accepts Visa and MasterCard.  A fee  of twenty five and No/100 dollars ($25.00) applies to all returned   checks.
  9. Suspension of Performance. If in  Seller’s judgment  reasonable doubt exists as to Purchaser’s  financial responsibility or  if payment by check or credit card is subsequently  stopped or withdrawn  for any reason, Seller reserves the right, without  liability and  without prejudice to any other remedies, to suspend performance,   decline to ship or stop any Products in transit, until Seller receives  payment  of all amounts, whether or not due, owing to us or adequate  assurance of such  payment.
  10. Shipment.  Unless otherwise expressly stated herein,  shipment may be by carrier or other  means selected by Seller Title to  any Products priced at shipping point shall  pass to Purchaser upon  delivery at such shipping point; title to any Products  priced at  destination shall pass to Purchaser upon delivery at the destination   specified. After delivery to any carrier at shipping point, Purchaser  assumes all risk and  liability and Seller shall not be liable to  Purchaser for any loss or damage to  persons or property, including any  loss of or damage to the Products. Unless  otherwise specified, all  Products are quoted F.O.B. Seller’s place of business  in Edmonds,  Washington.
  11. Returns of Products. No Products will be accepted for  return without written authorization  of Seller and unless routed as  indicated by Seller All approved returns not  caused by Seller’s  shipping error will be subject to a 20% restocking charge  and must be  in a clean, resalable condition and in original packing (if any)  with  freight prepaid, Seller will refuse any Products returned to Seller   without prior written approval. The refused Products will be returned to   Purchaser, and Products returned to Purchaser for failure to observe  this  policy shall remain Purchaser’s responsibilities.
  12. Claims. Damage and loss-in-transit claims shall be made by   Purchaser directly to the shipping company. If any Products received by   Purchaser are damaged, or if the quantities received by Purchaser do  not agree  with quantities indicated on the shipping documents, and if  Purchaser intends  to assert any claim against Seller on this account,  Purchaser shall mark an  exception on Purchaser’s receipt to the carrier  and shall, within ten  (10) days after receipt of any of the Products,  furnish Seller detailed written  information as to any damage or  shortage. Purchaser shall advise Seller in  writing promptly after  receipt of any of the Products, and in no event later  than thirty (30)  days after such receipt, of any other claim Purchaser may have  against  Seller with respect to any of the Products. If Purchaser has any claims   against Seller with respect to any of the Products, Purchaser shall  afford Seller a reasonable opportunity to inspect  such Products. Any  claims relating to shipment handing must be made  directly to the  carrier. 
  13. Time  Limitation on Claims. ANY CLAIM OR ACTION ARISING OUT   OF PURCHASER’S PURCHASE OF THE  PRODUCTS, INCLUDING ANY ACTION ARISING  OUT OF THIS AGREEMENT, MUST BE COMMENCED  WITHIN SIX (6) MONTHS AFTER  THE DATE OF THE  DELIVERY OF THE PRODUCTS, AND NO SUCH ACTION MAY  BE  MAINTAINED WHICH IS NOT COMMENCED  WITHIN SUCH PERIOD.
  14. Severability. In the event that any provision of this  Agreement,  or any portion thereof, is found to be invalid, such  provision shall be deemed  to be modified to the extent necessary to  allow it to be enforced under  applicable law. In any event, all  remaining provisions of this Agreement shall  continue in full force and  effect. 
  15. No Assignment. Purchaser's rights and  obligations under this Agreement may not be assigned without Seller's prior  written consent.
  16. Disputes and Attorney's Fees. This  Agreement shall be  governed by and construed in accordance with the laws of the  state of  Washington.  In the event Purchaser's breach of any of the terms of this  Agreement or  Purchaser's failure to make any payments called for  hereunder, Purchaser agrees  to pay to Seller all costs incurred in  enforcing this Agreement or collecting  payment hereunder, including all  court costs and attorney's fees including on  appeal.
  17. Entire Agreement. The parties intend  that the attached  Products quotation, and these terms and conditions shall  constitute the  final, complete and exclusive agreement between Purchaser and  Seller,  This Agreement shall supersede all other prior or contemporaneous   agreements, representations, understandings and promises, oral and/or  written,  by or between the parties with respect to the subject matter  hereof, Purchaser  further acknowledges and agrees that in entering into  this Agreement, Purchaser  has not and is not relying upon any prior or  contemporaneous agreements,  representations, understandings and  promises, oral and/or written, made by  Seller or any other party. No  course of dealings between the parties shall be  relevant or admissible  to explain, supplement or vary the terms of this  Agreement. No  amendment or modification of this Agreement shall be effective or   binding upon the parties unless made in a writing executed by both  Purchaser  and Seller This Agreement shall take precedence over any  conflicting terms and  conditions in any advertising material.