The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
All content appearing on this Web site is the property of:
Sawgrass Technologies Copyright © 2009-2011 Sawgrass Technologies. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009-2011 Sawgrass Technologies. All rights reserved.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Sawgrass Technologies. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Sawgrass Technologies or any third party, except as expressly granted herein.
- Use Of Site
1. INTEGRATION: Buyer acknowledges that this Agreement constitutes the entire understanding between the parties hereto and that there are no understandings, statements, representations, promises, agreements or contracts relating in any way to this Agreement, the transaction it pertains to or the Product, that are not expressly stated herein.
2. TERMS OF PAYMENT: Unless otherwise specified in writing, all invoices are to be paid net with no deduction whatsoever within thirty (30) days of the date of the invoice. Default interest at a rate 1 % per month plus any bank expenses will be charged on overdue amounts.
3. SHIPMENT: Seller presently plans to, and in good faith shall attempt to, ship the Product to Buyer within the period specified, but shipping dates are approximate, and Seller shall not be held responsible for failure to meet the shipping date. When production authorized by this Agreement is finished and the Product is ready to ship, Seller may, if shipment is delayed at Buyer's request, invoice Buyer and payments shall become due as if shipment had been made on the date of such invoice.
4. FORCE MAJEURE: Seller shall not be liable for any non-fulfillment of its obligations resulting from a force majeure event which shall mean any and all circumstances which Seller cannot prevent despite using due care, including, but not limited to Acts of God, war or warlike events, explosion, fire, strike, boycott and acts or omissions to act by authorities.
5. RISK OF LOSS: Risk of loss of the Product will remain in Seller until delivered to the common carrier by or for Seller, at which time risk of loss will pass to the Buyer.
6. SERVICE: Service work performed is chargeable to the Buyer, in accordance with Seller's Service Rates and terms in force at the time the service work is performed. It is Buyer's responsibility to give Seller prompt written notification of any malfunctioning of the Product or of any requirement of service or repair.
7. WARRANTY: Other than printers, Seller warrants to the Buyer that any Product sold hereunder will, under normal use and service, be free from defects in material and workmanship for a period of six (6) months from the date of receipt by the Buyer. Printers shall have such warranty as provided by the manufacturer, or by Sawgrass, and if provided by Sawgrass, such warranty, if any, will be provided upon written request of Buyer. The Seller agrees, after prior written notice from the Buyer of a defect, to repair or replace at the Seller's option any Product, or part thereof, which its examination discloses to have been defective and which is returned to the Seller, transportation charges prepaid, during the warranty period, or at Seller’s option, to refund the purchase price paid by Buyer to Seller. Such repair, replacement or refund will constitute the full extent to the Seller's warranty obligations hereunder. Items requiring periodic or routine replacement in normal use are excluded from this warranty. THERE ARE NO OTHER WARRANTY OBLIGATIONS OF THE SELLER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NONE IS EXPRESSED OR IMPLIED. Seller's warranty does not extend to equipment, parts or components not manufactured by it or which have been altered even though incorporated into the Product, unless expressly provided in a separate writing. The warranty for items not manufactured by Seller is limited to the warranty obligations of Seller's suppliers and shall be subject to performance of such warranty obligations by its suppliers. THE SELLER IS NOT LIABLE FOR ANY OTHER COSTS, LABOR CHARGES, DELAYS OR CLAIMS, NOR FOR ANY CONSEQUENTIAL, CONTINGENT OR INCIDENTAL DAMAGES WITH RESPECT TO THIS TRANSACTION OR THE USE OF THE PRODUCT, AND BUYER'S SOLE REMEDY FOR ALL CLAIMS IT MAY HAVE WITH RESPECT TO THIS AGREEMENT AND THE TRANSACTION TO WHICH IT PERTAINS IS AS SET FORTH HEREIN.
Any description of the Product, any specifications, and any samples, models, bulletins, drawings, diagrams, engineering sheets or similar material used in connection with this transaction or Agreement are for the sole purpose of identifying the Product and are not to be construed as warranties, either expressed or implied.
8. ENFORCEABILITY AND REMEDIES: After acceptance by the Seller, this Agreement may be not be modified, amended, rescinded or cancelled in whole or in part except by written agreement executed by the Buyer and the Seller. If the Buyer should, after such acceptance, attempt to cancel, repudiate or demand any change whatsoever in the terms of this Agreement, including without limitation any change in the specifications of the Product, time of delivery or the form or method of shipment or payment, the Seller may:
(A) obtain specific performance from the Buyer of its obligations hereunder, and or (B) hold the Buyer liable for damages consisting of the profit the Seller would have received from full performance by the Buyer plus all direct, consequential and incidental costs, damages and expenses arising from the acts of the Buyer, including without limitation all expenses incurred in stopping production or shipment, commissions, labor charges and return and resale expenses, and/or (C) hold the Buyer liable for liquidated damages equal to twenty (20) percent of the total purchase price of the Product.
9. RECOMMENDATIONS AND ADVICE: All recommendations and advice given by Seller is based on the current state of our knowledge. Notwithstanding such recommendations or advice the Buyer shall satisfy himself that the products are suitable for his intended process or purpose. Since Seller cannot control the application, use or processing of the products, Seller cannot accept responsibility there for. The purchaser shall ensure that the intended presentation, application, use or processing of the products will not infringe any of Seller’s, or any of its affiliates’ or any third party’s intellectual property rights. The purchaser understands and agrees that the entire content of the label printed on product packages (including, but not limited to, cartridges, bottles, bags, drums, containers and boxes) has binding effect.
10. TAXES: The Buyer will promptly pay when due all taxes and assessments, upon the Product or imposed, upon the sale or use hereof or upon this Agreement, as well as all customs duties and fees which may be incurred as a result of this transaction. The Buyer agrees that should the Seller be charged with any such taxes or duties, the Seller will be authorized to add the amounts thereof to the total purchase price to be paid by the Buyer. The Buyer agrees to promptly provide to the Seller any tax exemption certificates which may be applicable to this Agreement or the transaction to which it pertains.
11. COPYING: Buyer recognizes that the Product has been designed and built through expenditure of substantial time and money, and Buyer agrees not to reverse engineer or copy the Product of any portion thereof, or permit others to do so, and will not duplicate or conspire in the duplication of the Product, or parts thereof, provided by Seller or Seller's suppliers.
12. GOVERNMENT REGULATIONS: The Seller will perform its obligations under this Agreement only to the extent permitted by the laws of the United States and any other applicable laws and by the regulations and policies of appropriate government agencies and subdivisions. Any licenses or other approvals required will be obtained by the Buyer, and the Buyer hereby indemnifies and holds the Seller harmless from any costs, claims, damages or expenses which the Seller might incur because of the failure of the Buyer to obtain such licenses or approvals.
13. APPLICABLE LAW: Buyer and Seller intend that the interpretation, application and validity of this Agreement will be governed by the laws of the State of South Carolina, U.S.A. and that all terms not otherwise defined herein will have the meanings assigned to them by the South Carolina Uniform Commercial Code as enacted in South Carolina. Buyer consents to jurisdiction and venue in the United States District Court for the District of South Carolina for any dispute arising under this Agreement or pertaining to the sale of the Product, and if jurisdiction is not available, then such dispute shall be under the jurisdiction of the Circuit Courts of South Carolina.
14. ASSIGNABILITY: This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns. It is agreed that the Seller may assign all or any portion of this Agreement without the consent of the Buyer, and Buyer agrees that it not assert against any such assignee any claim or defense which it may have had against the Seller.
15. SECURITY INTEREST: To secure payment and performance of all Buyer obligations in this Agreement, Buyer grants to Seller a security interest in the Product and all accessions thereto.
16. SEVERABILITY: If any provision clause, term or part of this Agreement, or the application thereof under certain circumstances is held invalid, the remainder of this Agreement or the application thereof, shall not be affected thereby and shall remain fully enforceable.
17. LOCAL LAW AND CONDITIONS: It is Buyer's responsibility to inform Seller of all requirements of Buyer, of unusual climate or operating conditions and any national or local laws, regulations, orders, etc., of the country of intended use before a contract is formed. If Buyer fails to do so, Seller shall have no liability for the goods failing to comply with such requirements or regulations.