MEV SALES TERMS, CONDITIONS, AND LIMITATIONS OF LIABILITY
This purchase agreement, when accepted by MEV, is a binding contract of purchase and sale of the products shown on the face hereof, upon the terms set forth therein, and upon the following terms, conditions, and limitations of liability.
1. The goods purchases herein are subject to the following terms and conditions as specifically stated. Any addition or deletion shall not be binding on either party here to, if in conflict with the printed materials contained herein.
2. MEV products are sold Freight On Board (FOB). Freight is not included. Purchaser understands that all items shipped have been inspected prior to shipping to assure MEV’s quality. When shipments are made, any claims for shipping damage must be made to carrier making delivery. It is the purchaser's requirement to inspect all deliveries for damage and so note on the trucker's bill of lading of this delivery. Purchaser must inventory and report any shortages to seller within 30 days of receipt. At the point purchaser's product leaves seller's premises, purchaser agrees he has accepted to adequately protect his interest in his purchase with appropriate insurance. This in no way negates any part of the non-refundability of your earnest money agreement. In the event you fail to notify MEV as to which freight carrier you have selected 30 days prior to the estimated shipment date, as set forth in this purchase agreement, MEV shall have to option to select a freight carrier for you. Shipment will be made by either captive or common carrier. Captive carriers will deliver to your designated address while common carriers ship to the nearest depot.
3. It is hereby agreed and understood that seller shall not be responsible for damage, loss or injury to persons or property directly or indirectly, immediately or subsequently, arising form the use of or inability to use the vehicle or any body components and automotive accessories sold by seller.
4. As licensing and registration for inspection are subject to continual variation. MEV makes no warranty expressed or implied that responsibility of buyer to acquire licensing through his own efforts.
5. Any action brought upon the warranty or against MEV for alleged breach of any warranty, expressed or implied, must be brought within 6 months of the sale to original purchaser, the parties intending to set a 6 months statue of limitations.
6. This purchase order shall be governed by and construed in accordance with the laws of the United Kingdom and any legal proceedings arising out of this order shall be instituted only in appropriate courts within the United Kingdom, the parties hereby intending to create venue for actions instituted.
7. MEV upon receipt of full payment shall ship goods at earliest date. MEV shall not be liable to the buyer in any way for failure or delay in shipment where such delay arises from the inability to secure materials, parts or other elements necessary to the completion of said materials package or for delays caused by accidents, strikes, fire or causes beyond its control occurring in, or in connection with the manufacture of said products, or in the manufacture or delivery of any purchased parts thereof or where delivery is prohibited or prevented by or pursuant to any law or regulation, whether or not arising out of MEV, violation thereof and non-compliance therewith and buyer hereby releases and discharges MEV from any and all liability for damage or loss arising from the failure of MEV to make shipment for any of the causes herein specified.
8. The price of the items quoted herein does not include any tax or taxes imposed by a governmental authority prior to, or at the time of delivery, unless expressly so stated. Buyer assumes and agrees to pay unless prohibited by law, any taxes except income taxes imposed on or incidental to the transaction herein, regardless of the party having the primary liability.
9. From time to time, the seller may make specification or price changes, as seller may deem necessary without receiving any liability.
10. Title to all products covered by this order shall remain with MEV, until full payment has been received by MEV. Buyer waves any and all rights to said products in the event of non-payment and shall have the right to sell same in such manner as it may deem advisable, free and clear of any claim for damage of any character whatsoever which buyer, or any person claiming under or through him, may have rising out of such sale.
11. A deposit of 50% should be submitted with the order. All required payments must clear our bank prior to shipment. All deposits are considered earnest money and are not refundable.
12. Buyer warrants the sole purpose of this purchase for his own purpose. Buyer further warrants that he will not use, or convey to others, any parts of this order for making molds to be used in the production of additional parts.
13. This purchase order is valid for a period not to exceed one year from the date of execution. Buyer's failure to complete this order, for any reason, within the stated period shall be deemed a breach and MEV shall be entitled to remain the deposit paid to date of breach as and for liquidated damages. Seller's failure to perform within the stated period shall entitle buyer a full return of deposit.
14. In the event any provision or portion of this purchase order is found to invalid or unenforceable, all remaining provisions and portions, hereof, shall remain in full force and effect.
15. This purchase order, when accepted by MEV is the only contract controlling this purchase and sale and contains all agreements, expressed and implied, either verbal or in writing. Purchaser acknowledges receipt of a copy of it. No parts of this purchase order may be modified except by written agreement executed by both parties hereto.
16. Seller makes no warranty of merchantability of the goods for any purpose expressed or implied, not does seller make any other expressed or implied warranty with respect to body components as stated above.