Terms & Conditions
PRICES AND TERMS
- These Terms and Conditions of Sale, and the terms and specifications set forth on the accompanying Invoice and/or Price Quote (“Order Documents”), constitute the entire agreement (“Agreement”) between AEIR, Inc. (“AEIR”) and Buyer identified on the Order Documents for sale of cosmetics described in this Agreement (“Products”). Buyer’s use or Products and warranties for any Products provided by AEIR is governed solely by the terms of this Agreement.
- This Agreement supersedes any conflicting or additional terms in any other agreement, whether oral or in writing, related in any way to this Agreement or Products, including without limitation Buyer’s or third-party purchase orders or warranties. AEIR objects to and rejects any other agreement or offer of terms (including without limitation any separate Buyer P.O., which is identified solely for convenience in the Order Documents) that differs in any way from this Agreement’s terms, unless AEIR expressly accepts such terms in a separate signed writing.
- Terms of payment are net upon delivery of any of Products, unless expressly provided otherwise in the Order Documents.
- A service charge of one and one-half (1%) percent per month will apply to any balance not paid by Buyer when due.
SPECIFICATIONS, INSPECTION AND ACCEPTANCE:
- Any and all specifications related to the manufacture, features, capabilities and performance of Products are fully set forth in this Agreement.
- Buyer must examine the Products immediately upon receipt. Any shortages or missing or damaged items must be reported to AEIR promptly. Buyer waives any claim for damaged or missing items if made more than seven (7) days after the date of delivery.
- As to any visible defects, Buyer’s binding acceptance of Products shall be deemed to occur no later than the earliest of (i) Buyer’s use of Products, or (ii) 30 days after delivery of Products.
- Buyer’s acceptance of Products shall serve as Buyer’s affirmation that Hardware conforms fully to all terms of this Agreement.
TERMINATION & RETURNED HARDWARE:
- Once accepted by AEIR, this Agreement is not subject to termination unless agreed by AEIR in writing.
- No Product may be returned without prior written authorization from AEIR.
DISCLAIMER OF WARRANTIES, Limited Warranty, AND LIMIT OF LIABILITY:
- AEIR warrants the products listed in the Order Documents to be free from defects in materials and workmanship under normal and proper usage for 24 months from the date of the original purchase shipment. This limited warranty does not cover damage due to misuse, or care not in accordance with reasonable precautions.
- AEIR ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PRODUCTS, AND ANY SUCH IMPLIED CLAIMS ARE DISCLAIMED TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW.
- Buyer’s sole remedy under this warranty and any other claim, including, without limitation, tort, contract, statutory, or in equity, with respect to any Products shall be limited to repair or replacement of any Products determined by AEIR to be defective during the warranty period.
- AEIR SHALL NOT BE RESPONSIBLE, under any warranty obligations or otherwise, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES of Buyer or any other person, in connection with this Agreement or Products, such as loss of business, loss of anticipated savings or anticipated profits, or injury or damages any third party may claim against Buyer. AEIR shall in no event have any monetary liability to Buyer in excess of the purchase price.
- This Agreement, including the Order Documents, supersedes all prior agreements, communications, representations, negotiations, or understandings related to Products, and contains the entire agreement of the parties. No waiver, modification, or termination shall be effective unless in writing and signed by an officer of AEIR.
- No waiver or indulgence by AEIR of any default or deviation by Buyer of any required performance shall be a waiver of AEIR’s right to subsequent or other full and timely performance in any other instance.
GOVERNING LAW and VENUE
This Agreement shall be governed by the laws of the State of California, without regard for any conflict of laws, and shall be deemed to have been made at AEIR’s principal place of business. The Courts in Los Angeles County, California shall have exclusive jurisdiction over any legal or equitable proceeding related in any way to this Agreement or the Products.