Customer acknowledges and agrees that: (i) DCSupplies.net is not the manufacturer, distributor or licensor of the Products. In purchasing the Products, Customer is depending on the Third Party Vendor’s specifications only and is not relying on any statements or documents that may be provided by DCSupplies.net.
If pertinent and allowed by the Third Party Vendor, DCSupplies.net will pass over to Client any warranties supplied to DCSupplies.net by the Third Party Vendor for a Product. This limited commitment to pass through warranties provided by the Third Party Vendor to Customer is Customer’s solitary remedy and DCSupplies.net’s sole obligation related to warranties and conditions for the Products. Customer recognizes that no employee of DCSupplies.net is allowed to make any representation or warranty on behalf of DCSupplies.net which is not in this Agreement.
DCSupplies.net does not directly provide any indemnities for the Products. Customer recognize and waives any claim that it may have or allege to have against DCSupplies.net based on any product accountability or infringement or suspected infringement of any patent, copyright, trade secret or other intellectual property right with respect to any Product and also waives any right to indemnification from DCSupplies.net against any such claim made against Customer by a third party.
Except otherwise approved by DCSupplies.net in writing, Customer will pay the invoice it receives from DCSupplies.net in respect of the Products purchased within thirty (30) days of the invoice date. Client is accountable for any appropriate sales, use, or other taxes, or federal, provincial, state or local fees or charges linked with its purchase of Products.
DCSupplies.net cannot and does not guarantee that it can accomplish Client’s requirements for Products. Delivery times are estimates only and DCSupplies.net shall not be liable for any incidental or accidental delays.
All returns are subject to DCSupplies.net’s returns policy accessible on the Website, as revised from time to time. DCSupplies.net will not be held accountable for any Third Party Vendor’s refusal to agree to take the Product back for any reason.
Subject to a distinct, transcribed, fully-executed contract between DCSupplies.net and Client for the sale of Products or a click-through agreement issued by DCSupplies.net and acknowledged by Client for the sale of Products, this Contract covers the entire contract between DCSupplies.net and Client concerning to the acquisition and provision of the Products and replaces all previous negotiations, representations and agreements. For better certainty, purchase orders issued by Client are issued for administrative purposes only; T&Cs enclosed in any such purchase order shall be null and void.
This Contract shall be governed by the laws in effect in the State of Texas, without regard to its conflict of laws rules.
No provision of this Contract may be waived, by any act or omission of either DCSupplies.net or the Client, and this Contract may not be revised except by the written consent of both parties. For certainty, indulgence by either DCSupplies.net or the Client in any regard shall not create a waiver of any provision of this Contract.
Client may not assign this Contract or any rights or commitments under this Contract to a third party without the prior written approval of DCSupplies.net.
The Parties agree that this Agreement be drafted in the English language.
In case any one or more of the clauses contained in this Contract should be unacceptable, unlawful, or unenforceable in any respect, the validity, legality and enforceability of the remaining clauses present herein shall not be in any way affected or lessened.
Except for a party’s responsibility to pay the other party sum payable in accord with this Contract, neither party will be accountable for a failure or delay in performance on account of an act of God, act or omission of carriers, embargo, explosion, fire, flood, order of civil or military authority, strike, lockout, war, Product unobtainability, carrier delays or similar causes beyond its control. If such an event causes delays, that party will immediately notify the other in writing.