Terms & Conditions
The Purchaser expressly agrees that Seller's Invoice and these Terms and Conditions of Sale represent the entire agreement of the parties with respect to the sale of the products listed in the Invoice and there are no additional or additional terms or conditions on the purchase order of the Buyer or in any other prior or subsequent communications in any way that: add, modify or change these Terms and Conditions of Sale.
acceptance of orders
Seller may accept the Buyer's tender offer and shall be obliged to supply the applicable Goods in accordance with these Terms and Conditions, either by executing the acknowledgment of receipt of the order or acceptable electronic transmission, or by any other declaration, Act Or course of conduct that constitutes acceptance under applicable law.
Unless otherwise noted on the front of the invoice, all prices are quoted per unit. Buyer is responsible for any tax or government charges imposed on the sale or transfer of the product. The Purchaser shall not be entitled to offset any sums owed hereunder, against any amounts that may be payable to Seller under any other agreement.
Unless otherwise agreed in writing signed by Seller, all delivery dates are estimates. Seller shall use its reasonable efforts to deliver the entire Product within the specified time; However, Seller shall not be liable for any expense, loss or damage suffered by Buyer as a result of Seller's failure to deliver the Product on the date specified.
transportation and risk of loss
The method and route of shipment are at the discretion of the Seller unless the Purchaser provides explicit instructions in a timely manner and recognizes the additional charge that the Seller is required to incur in this manner. The Product Title passes to the Buyer when the Product is delivered to the selected carrier, even if the Seller made a nonconforming bid. Buyer attempts to revoke acceptance of the Product or Buyer rejects this document once the Products have been identified.
cancellation or modification
Any order placed and accepted by the Seller may be canceled by the Buyer only with Seller's approval in a signed letter from Seller and under conditions that will indemnify Seller against any loss. Seller will not accept cancellation of orders once a product has been delivered to a carrier, without charging a cancellation fee of twenty-five percent (25%) of the value of the order to recover the recovery costs incurred. The seller will not accept cancellations of special orders of products from the list. Seller may cancel all or part of this order and discontinue its performance hereunder without liability to Buyer in the event that the Buyer materially violates this contract, becomes insolvent, is subject to bankruptcy protection or is an object Similar procedure.
The buyer is responsible for any governmental tax or charge imposed on the sale or transfer of any product. Any government tax or charge will be added to the total amount of the invoice. All prices are FOB seller's facilities. The applicable freight costs will be added to the invoice.
warranty and disclaimer
Seller warrants that the Product purchased is free from defects in materials and workmanship at the time of delivery. If the invoice indicates that a review was performed, it is not intended to be a complete review and should not be considered as a specification or warranty, unless specifically specified in writing.
limitation of liability
Buyer acknowledges and agrees that Seller's liability for any claims with respect to products shall not exceed the amount paid by Buyer for the products under the invoice. Such limitations on Seller's liability hereunder shall apply even if Seller's liability is due in whole or in part to its own negligence. Any action by or on behalf of the Buyer or its successors or assigns for breach of this document must commence within one (1) year after the cause of action as accumulated.
return of material
Upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Seller, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.
Buyer shall defend, indemnify and hold Seller and its affiliates harmless from and against any claim, loss, liability, damages and expenses including, but not limited to, attorney's fees and defense costs arising in any manner related to any Defect or defect asserted in the Product caused by any alteration or modification thereof by the Buyer with or without Seller's consent or improper handling or storage by the Buyer, breach of any term or condition. In this document, the fact that the Purchaser has failed in labeling the Product or incorrect labeling of the Product, whether or not the labeling was performed with or without Seller's advice, or any act or omission of the Purchaser including any Claim Or result of any injury or damage to property or for economic loss, comparative or multiple negligence, breach of contract, breach of warranty or other breach of duty or by the Indemnitee, or as a result of strict liability or other product of the Indemnified. The foregoing indemnity shall not be construed to eliminate or otherwise reduce any other indemnity or right that the Indemnitee has by law.
The Buyer will purchase the Seller's goods by means of payment with credit or debit card without a present card, through the supplier of the e-commerce service that is hired for that purpose. In the event of problems in making the payment, the buyer must inform the seller in writing so that he can determine problems in the service and the issuing Bank of the card in use, in order to verify that it presents limitations to carry out the transaction by The means of payment indicated above.
The Buyer in case of lodging a claim for charges to the card may proceed to indicate the Seller by written means, in order to corroborate that the event arises and follows the procedure of the supplier of the e-commerce service. The Seller will make a charge against the card used and only if it is not possible, an alternative means will be agreed with the customer. The Buyer will assume the commissions that are derived if it is determined that the Buyer made an error on the part of the customer.
governing law and arbitration
This document will be interpreted and governed by the law of Costa Rica, excluding its conflicts of laws.