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These terms and conditions are deemed part of all quotes, agreements, purchase orders, acknowledgments, price lists, and other documents, whether electronic or in writing, relating to the sale of products or services by HMINT, Inc. HMINT, Inc. objects to any terms or conditions proposed in Buyer's purchase order or other documents which are inconsistent with, or in addition to, these terms and conditions. SALES POLICY - All prices are subject to change without notice. TERMS - HMINT, Inc. standard payment terms are Net 30 days upon credit approval. We do accept Visa, MasterCard and American Express. CLAIMS - Loss or damage in transit is at Buyer's risk. All claims for breakage, damage or loss must be reported to the carrier within forty-eight (48) hours. HMINT, Inc. cannot be responsible for any loss, damage, detention or delay caused by the elements, fire, strike, insurrection, riot, shortage of goods or transportation, civil or military authority, or by any other cause which is unavoidable or beyond its reasonable control. ALL OTHER CLAIMS must be submitted to HMINT, Inc., 300 N. Shoreline Blvd. Corpus Christi, TX 78401 Attn: Credit Department within 30 days for review and investigation to be valid. RETURNS -
PACKING - The case package shown is standard. There will be an additional charge for special packing where required. LIMITED WARRANTY - All products distributed by HMINT, Inc. are subject to limited warranties as stated in the instruction manual included with the product. These limited warranties are extended soley to end users of the products. Any sales to other persons, such as resellers, distributors or others, shall be subject to "no warranty". To obtain warranty service, an end user should contact HMINT at (361) 887-9909 or visit our website at www.hmint.com .HMINT SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF USE OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR INDIRECT COSTS, EXPENSE OR DAMAGES. CANCELLATION. Orders approved and accepted by HMINT shall constitute firm commitments of Buyer and are not subject to cancellation or rescheduling. Orders for non-standard Goods not listed in HMINT's Catalogs may not be canceled at all, nor will HMINT accept return of such Goods for credit. INDEMNITIES. Buyer shall indemnify and hold harmless HMINT and its affiliates, employees and representatives from and against all liabilities, losses, claims, actions, costs, expenses and disbursements (including attorney's fees and disbursements) related to any investigation, litigation, or other proceeding (whether or not HMINT is a party thereto) which arises or is alleged to arise from buyer's acts or omissions in connection with the sale of Goods or otherwise under these Terms. Without limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless HMINT and defend or settle any action brought against HMINT to the extent that it is based on a claim that any Goods made to Buyer specifications infringed intellectual property rights of another party. CONFIDENCTIALITY. Buyer shall use its best efforts to limit distribution and protect the confidentiality of any information or data provided by HMINT or marked or indicated by HMINT as confidential or proprietary. MISCELLANEOUS. (a) Waiver. No failure or delay by HMINT in exercising any right and no course of dealing between Buyer and HMINT shall operate as a waiver of rights by HMINT. (b) Assignment. Buyer may not assign its rights hereunder without HMINT's written consent. (c) Law. This Agreement is governed by Illinois law (without regard to conflict of law principles). (d) Amendment. This Agreement constitutes the entire agreement between Buyer and HMINT relating to the Goods, and not provision may be changed or waived unless in writing signed by the parties. (e) Severability. If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision. (f) Setoff. All claims hereunder by HMINT are subject to set off by HMINT for any counterclaim arising out of any transaction with Buyer. (g) Definitions. As used herein "Agreement" means these Terms plus other documents, terms or conditions provided or approved in writing by HMINT; and "including" means "including without limitation." |



