Prices are exclusive of all federal, state, or local taxes. The Buyer shall pay all taxes applicable to products purchased. Unless otherwise agreed upon and clearly stated on the quote or acknowledgment, prices do not include shipping costs.
Oak and Lamb shall not be liable for failure to meet any promised delivery date due to delays, force majeure, work stoppages, strikes, product unavailability, delays by vendors, delay or default of common carrier or any unforeseeable event or circumstance.
3. Discrepancy / Failed Delivery Claims:
The Buyer should file all claims for damage or shortages with the carrier handling the shipment. Claims stemming from discrepancies between invoice descriptions or quantities and actual product received by the Buyer due to an alleged error by Oak and Lamb must be made in writing within thirty (30) days of invoice date. Any such claim not presented within that time limit will be waived and actual delivery of invoiced items and quantities shall be conclusively presumed.
4. Shipping and Handling:
Shipping and handling charges will be calculated from the Oak and Lamb site. Risk of loss due to damage or shortage or non-delivery due to carrier fault lies with the Buyer.
5. Limitation of Remedies and Liability:
THE LIABILITY OF OAK AND LAMB ARISING FROM YOUR PURCHASE OF GOODS IS LIMITED TO THE REPAYMENT OF THE PURCHASE PRICE OR THE REPAIR AND REPLACEMENT OF THE NONCONFORMING GOODS OR PARTS, AT THE OPTION OF OAK AND LAMB, AND BUYER MAY NOT RETURN ANY GOODS, UNDER WARRANTY CLAIM OR OTHERWISE, WITHOUT FIRST REPORTING TO OAK AND LAMB THE REASONS FOR SUCH RETURN AND FIRST OBTAINING AND THEN OBSERVING SUCH REASONABLE INSTRUCTIONS AS OAK AND LAMB MAY GIVE IN AUTHORIZING ANY RETURN. IN NO EVENT WILL OAK AND LAMB BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION INJURY TO PERSON OR PROPERTY OR ANY LOSS RESULTING FROM YOUR GENERAL OR PARTICULAR REQUIREMENTS REGARDLESS OF WHETHER OAK AND LAMB HAS KNOWLEDGE OF THEM, WHICH WOULD INCLUDE WITHOUT LIMITATION LOST PROFITS, OR BUSINESS INTERRUPTION. If you do not agree to this term, Oak and Lamb does not agree to sell you any goods or services. By agreeing to purchase the goods or services you are indicating your assent to this condition.
6. Disclaimer of Warranties:
EXCEPT AS EXPRESSLY PROVIDED WITH THE PRODUCTS ON DELIVERY, OAK AND LAMB EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTIES FOR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU DO NOT AGREE TO THESE TERMS, OAK AND LAMB DOES NOT AGREE TO SELL YOU ANY GOODS OR SERVICES. BY AGREEING TO PURCHASE GOODS OR SERVICES FROM OAK AND LAMB, YOU ARE INDICATING YOUR ASSENT TO THE PROVISIONS OF THIS SECTION 6.
This document is the exclusive source for defining the contract for the sale of goods or services from Oak and Lamb to you. This contract incorporates by reference the description and quantity of goods or services contained in your order, after Oak and Lamb has accepted it. This contract incorporates by reference the prices for goods and services contained in our most recent price data or as written on your order and accepted by us. This contract excludes all other documents, any other terms and conditions, and any conversations, negotiations, representations, or communications whether from us or any other party. If any part of this contract is found by any court to be void or unenforceable, the remaining portions of the contract will continue to be valid and enforceable.
8. Consent to Tennessee law and jurisdiction
If there is any legal dispute arising from this sale of goods, the matter will be governed by the laws of the State of Tennessee. You agree that the U.S. or Tennessee courts have exclusive jurisdiction over any disputes arising from the sale of goods or services herein.
You agree to hold harmless, defend and indemnify Oak and Lamb from and against any and all claims by any third party (including without limitation your employees, customers, visitors, or agents) arising from the goods sold herein. This indemnity agreement is binding even if the third party claims that Oak and Lamb was negligent or that its goods were defective.
10. Alterations of Terms and Conditions:
No alteration or waiver of the terms and conditions contained herein shall be effective unless authorized in writing and signed by a corporate officer of Oak and Lamb. In the event Buyer submits an order with terms that are in conflict with the Oak and Lamb terms and conditions of sale, the terms and conditions of Oak and Lamb shall prevail.
11. Term Buyer
As used in this contract, the term you shall be equivalent to Buyer. Additionally, the term your shall be equivalent to Buyer’s.