PAYMENT: As is specified on the posting. Please do not bid/purchase any item(s) for which you do not intend to pay. All payments for the winning bid must be made within 7 working days. Unpaid items may be forfeited after 7 days and a Non-Payer report may be filed with eBay.
TAXES: A 7% FL sales tax will be charged for items bought by any individual or company residing the state of Florida, or when the ship-to address is located in the state of Florida. In these cases we will also charge any applicable county or city taxes. If the purchaser presents a properly filled Florida Tax Exempt Form they will not be charged taxes. Individuals or companies located outside the state of Florida that have an out-of-state ship-to address, will not be charged taxes.
CANCELLATION: Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, Triton Packaging and with full compensation to Triton for any loss sustained by reason of any cancellation or delay.
LIMITED PRODUCT WARRANTY: Triton Packaging warrants all new machines against defects in material and workmanship for a period of six (6) months from the date of purchase stated in the invoice. The Company will repair or replace at no cost, F.O.B Miami, Florida, any part proving defective in materials or workmanship. Defectiveness shall be verified by Triton Packaging inspection and at the sole discretion of Triton. Removal and installation expense shall be the responsibility of the Purchaser. Triton Packaging is liable solely for the furnishing of the defective part or parts. Triton Packaging is not liable for consequential damages, such as loss of profit, delays or expenses incurred by failure of said part or parts. Failure due to abuse, improper adjustments or maintenance, exposure to corrosive or abrasive environments or operation in damp conditions does not constitute failure due to materials or workmanship. Modifications or alterations to the equipment without the express written consent of Triton are strictly prohibited. Failure to obtain consent in writing voids any warranty, expresses or implied, and relieves Triton from any and all liability for said product. Triton is not liable or responsible for repair, service, or installation charges, fees or damages for correcting any defects. Triton will not accept parts returned for credit unless Triton is notified in writing and return or correction is authorized by Triton in writing pursuant to our return policy.
SHOULD COMPONENTS BE TAMPERED WITH BEFORE INSPECTION BY THE COMPANY, ALL WARRANTY CLAIMS ARE HEREBY WAIVED.
During your applicable limited product warranty period, if a covered product is proven to be defective in workmanship or materials, Triton will, at its option: (1) replace or repair the defective component; or (2) replace the product with a comparable product. Replacement parts will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of fourteen days or the remainder of the warranty period. Replacement products may be refurbished, and are warranted for the longer of fourteen days or the remainder of the applicable limited warranty period. Any additional purchases or upgrades will not extend this limited product warranty. Upon the expiration of the warranty period, Triton’s liability under this warranty shall terminate. The foregoing warranty shall constitute the sole liability of the Triton and the exclusive remedy of the customer or user. If we determine that the problem with the product is not covered by the limited product warranty, we will inform you of alternative solutions that may be available to you on a fee-for-service basis. In the event warranty service is provided by us, shipping cost of the item back to us will be Purchaser’s responsibility. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Triton Packaging SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the suitability of the products described on the face of the and/or invoice is the sole responsibility of the Purchaser and Triton shall have no responsibility in connection therewith.
LIMITATION OF LIABILITY: TRITON PACKAGING SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSITUTE GOODS. CONSEQUENTIAL DAMAGES for purpose of this Agreement shall include, without limitation:
Loss of use, income or profit, or losses sustained as a result of the injury (including death) to any person or loss or damage to property, including, without limitation, materials manufactured, processed or packaged by the use of the products.
Damages arising out of or in connection with delays in delivery, Triton’s performance, non¬performance or breach of this contract, defects in the equipment, failure of the products to perform properly or non-conformance of the products with specifications or the operation, use, installation, repair or replacement of the products.
PARTS: Parts are generally available from Triton for standard products. Documentation or other support may be provided at Triton’s discretion for all products. Replacement parts and parts in new machines may be new or reconditioned.
PRODUCTION ESTIMATES OR PRODUCT AVAILABILITY: are not guaranteed, but result from careful analysis of Purchaser’s submitted requirements and present reasonably expected output or inventories under normal conditions.
INSTALLATION SERVICE, unless otherwise agreed, is available at standard rates plus transportation and expenses.
ESTIMATED SHIPPING SCHEDULES: As is specified on the posting. Shipping dates are approximate. Specification changes requested by Purchaser may extend shipping schedules.
RETURNS: As is specified on the posting.
INTERNATIONAL ORDERS: Duties and applicable taxes are not calculated or charged by Triton Packaging. International customers are solely responsible and liable for any shipping costs, as well as duties and/or taxes and fees that may be incurred from the international transit of any part or system.
FORCE MAJEURE: Seller’s obligations hereunder are subject to delays incident to labor difficulties, fires, casualties, accidents, acts of the elements, acts of God, acts or war or terror, transportation difficulties, delays by common carrier, inability to obtain equipment, materials or components or qualified labor sufficient to timely perform part or all of this SALES CONTRACT, governmental regulations or other causes beyond the control of seller. In the event of any such delays, seller’s performance shall be correspondingly extended, and seller shall keep purchaser fully informed of the effects of such events.
TYPOGRAPHICAL ERRORS: Triton Packaging shall not be held responsible for typographical errors.
COMPLETENESS: The terms and conditions stated herein represent an agreement between Triton Packaging and Purchaser which, together with the terms, provisions and conditions on any acknowledgement provided to Purchaser by Triton, constitutes the entire agreement, understanding and representations, expressed or implied, between Triton and Purchaser and supersedes all prior communications between the parties, including all oral and written proposals.
SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision contained herein.