Page 53 - Bocchi 2020 Price List (all collections)

TERMS & CONDITIONS OF SALE

Any BOCCHI price list is not an offer to sell to any company who possesses it, nor to anyone else, at the prices shown, BOCCHI reserves the
right to accept or decline any order. Prices apply to BOCCHI (seller) plumbing products shown on-line at www.bocchiusa.com and in BOCCHI's
product catalogs and other product literature. The prices in this price list supersede previous price lists and quotations, and are subject to
change without notice. All prices are in U.S. dollars. These prices do not include freight or shipping to the customer.
TERMS & CONDITIONS OF SALE: The terms and conditions of sale set forth in the BOCCHI order confirmation or BOCCHI invoice shall constitute
the entire agreement between Seller and Buyer with respect to the subject matter and supersedes all prior agreements, negotiations,
understandings, representations and warranties, whether written, oral or otherwise, and may not be modified except in writing signed by
the parties. For greater certainty, the language of any document used by Buyer to communicate its order of goods and terms or conditions
that could be implied on the basis of trade custom, business efficacy or otherwise are expressly excluded. All proposals, negotiations, and
purchase orders, if any, will be superseded by the BOCCHI sales order confirmation or BOCCHI invoice.
PRICES: All prices in the price list shall be superseded by Seller's prices in effect at the time of order entry, unless Seller has given a
firm quotation in writing, and Buyer has given an order and the goods are released for shipment within the time periods specified in
the quotation. Prices are (Incoterms 2000) ExWorks (origin) loaded unless otherwise noted. With respect to shipments for destinations
outside of the United States, title to the goods remains with the Seller until such goods are discharged from the carrier to the Buyer in
the destination country. Any freight charge related to a shipment to a Buyer will be invoiced by the freight company directly to the Buyer.
Freight allowance, if any, is subject to Seller's then current freight terms. All prices listed and payments are to be in U.S. dollars.
CREDIT APPROVAL: Acceptance of orders, shipments, and deliveries shall at times be subject to the approval of the Sellers Credit Department,
BOCCHI, Alpharetta, GA USA. Seller may at any time decline an order or decline to make any shipment or delivery except upon receipt of
payment, or security, or upon terms and conditions satisfactory to BOCCHI. Seller reserves the right to ship C.O.D. or C.I.A.
TERMS OF PAYMENT: NET 30 from invoice date. A delinquency charge equal to the greater 18% per annum or the prime rate plus 1% as stated
by Citibank USA (but in no event in excess of the maximum amount permitted by law), computed on the unpaid balance shall be paid on
all accounts not paid in full when due. Interest shall be paid with Buyer's next remittance. In addition to the late payment charges, Buyer
agrees to pay any and all collection costs, including reasonable attorney fees, incurred by Seller in collecting balances not paid within terms.
Payments made by credit card are subject to 3% processing fee based on the net charged amount.
TAXES: Any taxes which Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, delivery,
storage, processing, use or consumption of any of the material conveyed, including taxes upon or measured by the receipts from the sale
thereof, shall be fore the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand. Where taxes do not apply
upon sale or resale, Buyer shall provide Seller with appropriate exemption certificates, prior to the sale.
DESIGN CHANGES: Seller reserves the right to make revisions without notice in the design of its products or in their packaging.
DELAY: If any shipping dates have been specified, they are approximate and Seller shall not be bound thereby, but every effort will be made
to ship in accordance with them. All shipments are subject to contingencies of manufacturer and other causes beyond Seller's control such
as fires, strikes, delays in transportation, or governmental regulations.
CANCELLATION: Orders for modified, special order, certain colors or custom product, as well as those not listed in current price lists, may
not be canceled or returned. Orders for all other product in current price list may be canceled if approved by BOCCHI and prior to shipment.
BUYER'S REMEDIES: If the goods furnished to the Buyer shall fail to conform to the contract or to any warranty, Seller shall replace such
non-conforming goods at the original destination and shall furnish instructions for their disposition, provided Seller is notified of such non-
conformity or defect within 60 days of shipment. The Buyer's exclusive and sole remedy on account or in respect of any breach of contract,
or to any warranty, shall be to secure replacement thereof as aforesaid. Seller shall not be liable whether in contact or in Tort or under any
other legal theory for loss of revenue, use or profit or for the cost of any labor expended on any such goods or for any special, incidental or
consequential damages to anyone by reason of any breach of this contract or of any warranty.
WARRANTY: Seller's applicable respective limited warranty for the product in effect at the time of shipment shall apply. Buyer covenants and
agrees that it will not remove any warranty, label, warning, tag, instruction, or manual from the goods and will ensure that all warranties,
labels, warnings, tags, instructions, and manuals supplied with the goods or by Seller will be passed on to the ultimate user. The warranty
supplied with the goods is Seller's sole and exclusive warranty. Except to the extent prohibited by applicable law, ANY IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT AND
SELLER AND ANY DISTRIBUTOR DISCLAIM ALL LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
DAMAGE IN TRANSIT/STORAGE: Every reasonable precaution is taken against breakage or other damage in transit. As all goods are shipped
(Incoterms 2000) ExWorks (origin) loaded unless otherwise noted. Seller's risk of loss ceases at the time goods are placed at Buyer's
disposal. Claims against carriers are to be filed by the Buyer. It is the Buyer's responsibility to inspect products upon delivery for transit
damage and/or shortage. If damage or shortage is detected, it should be duly noted on the bill of lading before signing for merchandise. An
inspection report should be requested by the Buyer of the carrier, followed by a settlement claim to the carrier.
CHOICE OF LAW: Except as expressly provided herein, the contract is subject to all the provisions of the Uniform Commercial Code of the
state of Seller's principal place of business without variation, exclusion or limitation as effective and in force on the contract date. The
United Nations Convention on Contracts for the international Sales of Goods ("CISG") shall not apply. Seller hereby elects to opt out of the
CISG.
INVOICE MINIMUM: An order for items included in this price list where the invoice price aggregate is less than $50 net for products will be
billed at $50 net.
RETURNED MERCHANDISE: Merchandise which has been shipped according to Buyer's specifications cannot be returned for credit without
prior written approval by Seller fully establishing the basis for the credit. Credit will be issued only for items which are found by Seller to be
of standard manufacture and in salable condition. Return shipment is at Buyer's expense and risk. Buyer must prepay freight and will incur
up to a 25% restocking charge when no manufacturing defects or errors are involved.
SHIPPING WEIGHTS: Shipping weights are approximate and are not guaranteed, buy are shown for customer convenience.
ELECTRONIC DATA INTERCHANGE (EDI): The terms and conditions for EDI transactions shall be the same as set forth herein. Each party
shall, at its own expense, provide and maintain the equipment, software, services, and testing necessary to effectively and reliably transmit
and receive documents. No document shall give rise to any obligation until it is accessible and able to be read by the receiving party at its
computer.
There Terms of Conditions of Sale are subject to change without notice.

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