ORDERING, FREIGHT AND PAYMENT
INFORMATION
1. EXCEPT AS
PROVIDED IN PARAGRAPH 7, D. S. SEWING, INC. MAKES NO WARRANTY WHATEVER, EXPRESS
OR IMPLIED AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE RESPECTING SERVICES PERFORMED OR EQUIPMENT OR MATERIAL
SUPPLIED UNDER THIS AGREEMENT OR FOR USE BY THE CUSTOMER.
2. D. S. SEWING, INC. ITS SUCCESSORS AND ASSIGNS SHALL NOT
BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OR INDIRECT, SPECIAL, RELIANCE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING
OUT OF THE FAILURE TO FURNISH OR THE FURNISHING OF THE GOODS OR THE PROVIDING OF
WARRANTY SERVICE UNDER THIS AGREEMENT REGARDLESS OF THE NATURE OF THE CLAIM OR
ACTION.
3. TO THE EXTENT PERMITTED BY LAW, D. S. SEWING INC.'S
TOTAL CUMULATIVE LIABILITY HEREUNDER FOR ANY AND ALL REASONS SHALL NOT EXCEED AN
AMOUNT EQUAL TO THE PURCHASE PRICE.
Any legal action arising from or in connection with (A) any
product defect, faulty workmanship or any partial or total failure of the goods
or in the warranty service provided to customer, or (B) any warranty service or
repair work performed for customer, must be brought within two years from the
date when the cause of action is first sustained or discovered including
installation and warranty service provided, sold or performed hereunder is based
solely on the value and the scope of the liability set forth in this agreement
and are unrelated to the potential for indirect, special, reliance, incidental,
consequential or other damages. D.S. SEWING, INC. and customer agree this
allocation of risk and liability is fair, reasonable and not unconscionable. Any
customer further waves any liability as and against 3rd party manufactures and
aggrees that any claims of whatever type of nature shall extend only
to________________________________________.
4. Any modification of this agreement must be in writing
signed by both of the parties with the same formalities as the signing of this
agreement.
5. D.S. SEWING, INC. and customer each represent that they
each have the power and authority to enter into this agreement and that the
agreement constitutes a valid and binding obligation of each party.
THIS AGREEMENT REPRESENTS THE COMPLETE FINAL AND ENTIRE
AGREEMENT BETWEEN D.S. SEWING, INC. AND CUSTOMER WITH RESPECT TO THE SALE OF THE
GOODS TO CUSTOMER, AND SUPERSEDES ANY PRIOR AGREEMENTS, REPRESENTATIONS AND
NEGOTIATIONS BETWEEN THE PARTIES.
6. Deposits are nonrefundable. In the event the customer is
unable to take delivery or otherwise defaults on this agreement, then the
parties agree that the customer shall forfeit its deposit which shall become the
full property of D.S. SEWING, INC.
7. D.S. SEWING, INC. warrants that it is the owner of the
goods and that the goods will be free and clear of any lien or encumbrance upon
delivery to the customer.
D.S. SEWING, INC's sole and exclusive obligation under this
warranty will be to repair any products or goods sold that are defective as a
result of defective craftsmanship as reported to D. S. Sewing, Inc. within 30
days of delivery. D. S. SEWING INC'S. liability hereunder shall be limited to
the labor charges to the customer. Customer will be responsible for any extra
material charges necessary to effectuate warranty service unless the need for
additional material is a result of damage caused by D.S. Sewing, Inc.
Repair or replacement hereunder shall include cutting
holes, removing marks from pens, pencils, ink marker or wax marker, burns,
incorrect sewing, defect noted at the time of receipt of product, improper
installation by D.S. SEWING, INC., improper assembly hardware, faulty design,
improper assembly of sewn pieces to one another.
D.S. SEWING INC'S. liability hereunder shall not include
the repair or replacement of separating laminate, cut holes or burns from
manufacturer and seconds, repetitive stitching due to bobbin running out,
shipping damage, rips in stitching or water leakage due to mishandling or
products by customer or helper of customer, normal leakage of water through
stitch holes, above normal leakage of water through stitch holes due to
excessive wind or rain, improper installation of product by consumer or
subcontractor and repairs or products that were not manufactured by D.S. SEWING,
INC.
8. If the customer breaches this agreement, included
without limitation any payment obligations, D.S. SEWING, INC. shall notify
customer of such breach in writing. In the event that the customer does not cure
the condition causing the breach within 10 days of receipt of such written
notice, the customer shall be in default hereunder and all unpaid amounts shall
at D.S. SEWING'S option become immediately due and payable and any deposit paid
shall be forfeited. In the event of any default, the customer agrees to be
responsible for all costs of collection including reasonable attorney's fees
associated with D.S. SEWING, INC's enforcement of its rights under this
agreement. The customer further agrees to pay interest in the amount of 1 1/2
percent per month on all outstanding amounts due in excess of thirty
days.
9. If the performance of any part of this agreement by
either party is prevented, hindered, delayed or otherwise made impractical by
reason of any flood, riot, judicial or governmental action, labor dispute, act
of God, or any other reason beyond the control of either party, then each party
shall be excused from performance of this agreement to the extent that they are
prevented from performing by such reason. Upon the occurrence of any such act,
the affected party shall reasonably notify the other party of the delay and the
effect that any such condition shall have on the other party.
10. All finished product shall have a D. S. Sewing, Inc.
Label sewn into it unless the customer requests otherwise in writing at the time
of signing of the contract.
PHONE:
1 800 789 8143
MAILING ADDRESS:
40 Hockanum Blvd Vernon, CT 06066
MANUFACTURING & SALES OFFICE:
40 Hockanum Blvd Vernon, CT 06066
ORDERING, FREIGHT AND PAYMENT INFORMATION