Terms and conditions
The transaction reflected in this Confirmation is subject to these Terms and Conditions, which are to control over any terms set forth in any order made by Customer. In the event of any dispute, the provisions hereinshall control. The parties to this are Dunlop Protective Footwear USA, LLC (“Seller” or “Dunlop”) and theCustomer.
1. The customer (the “Customer” or “Buyer”) is as reflected on the face or first page of this Confirmation or Order (the “Confirmation”). Customer warrants that this is the full and proper name of the purchaser of thegoods, and that this transaction is fully and properly authorized. Customer agrees to be bound by theseTerms and Conditions (the “Terms”). Prices are subject to change by Seller without notice due to anymaterial change in Seller’s circumstances, including without limitation due to diminished supplies or increasedcosts of materials. Payment terms are to be in accordance with those shown on the face of thisConfirmation.
2. Seller reserves the right to reject this or any order made by Purchaser. Seller may decline to make this or any further deliveries other than upon receipt of cash, by COD, pre-payment, or satisfactory security. Pastdue balances are subject to a service fee of 1.5% per month, or the maximum allowable by law.
3. No liability shall result from any delay by Seller or hindrance affecting Seller in the performance, or nonperformance, caused by circumstances beyond the reasonable control of Seller, including, but not limitedto, act of God, hurricane, fire, flood, earthquake, war, governmental action or directive, disease, pandemic,accident, labor trouble or shortage, or inability to obtain material, equipment, machinery or transportation.Quantities so affected may be eliminated from the order without liability, but the order shall remain otherwiseunaffected, unless agreed at the time of purchase.
4. Our terms of sale are F.O.B. Seller’s warehouse. All risks and shipping costs thereafter during transportation, whether by land, air, or water are the responsibility of Buyer. Notwithstanding such risks andcosts, title to the goods shall not pass until payment is made by Buyer.
5. Title to the goods shall remain with Seller if payment is not made by Buyer, and Seller shall be entitled to the return or recovery of the goods unless and until payment is made. Seller may take all actions permittedby law to recover the goods, including the right of repossession or self-help, and Buyer does hereby waiveand release all claims of any nature relating to any such repossession or self-help. If payment is not timelymade, and if Seller so requests prior to payment, Buyer shall collect and assemble the goods and make themavailable for delivery to Seller at the cost of Buyer.
6. Returns will not be accepted unless written permission is granted by Seller. Any returns made with such written permission must be forwarded to the specific destination according to instructions by Seller.
7. Customer must fully inspect the goods within five (5) days of delivery. All claims that any of the goods are defective or non-conforming must be made in writing within seven (7) days after delivery. Customer shallprovide such documentation of defects or non-conformance as may be reasonably requested by Seller.
8. Additional Terms – Additional terms, including without limitation, warranty and return information, are contained in the current Price List. Customer acknowledges having received the current Price List and agreesto be bound by the terms and conditions set forth therein.
9. Choice of Law, Consent to Jurisdiction and Waiver of Jury Trial - In the event there is any dispute that is related to or the subject of this transaction: (i) such dispute shall be governed by the laws of the State ofMaryland; (ii) such dispute shall be subject to personal jurisdiction in the State of Maryland, as to which theparties hereby consent to such jurisdiction; (iii) such dispute shall be subject to a non-jury trial, as to whichthe parties do hereby waive any and all rights to a trial by a jury; and (iv) Seller shall be entitled to an awardof all of its reasonable legal fees, court costs, and collections costs and fees relating to such dispute if Selleris the substantially prevailing party.