Mallory means any name under which we may trade, including The Mallory Co., Mallory Fire, Brenton Safety Solutions, Rain or Shine and Landscape USA.
Purchaser agrees to be bound by all of the terms and conditions set forth herein. Any terms and conditions set forth in any purchase order or other document or any oral communication or written agreement which purports to be an addition to this Agreement of which is inconsistent herewith shall not be binding upon Mallory unless made in writing and accepted by the signature of an authorized officer or manager of Mallory. Any term or condition of sale contained in any document prepared by or received from Purchaser by Mallory relating to the goods sold under this Agreement which is inconsistent with any term or condition of this Agreement is hereby rejected by Mallory and shall have no effect unless approved in a separate writing by Mallory.
Shipping dates furnished by Mallory are approximate and shall not be deemed to be fixed or guaranteed.
All orders are subject to prices and terms of sale in effect on the date of shipment and such prices and terms are subjected to change without prior notice to Purchaser. Unless otherwise stated, all price quotations expire 30 days from the date of quotation and prices do not include freight or, where applicable, any federal, state, or local taxes of any nature, all of which shall be paid by the purchaser.
All cancellations of orders must be requested by Purchaser and approved by Mallory in writing. Purchaser agrees to pay for any and all costs incurred by Mallory in connection with any cancellation request.
Only returns requested by Purchaser and approved by Mallory in writing will be permitted. Custom or special order goods returned for any reason other than a warranty claim or Mallory error are not returnable. Under no circumstances will goods be accepted for return after 60 days from the date of shipment.
Notwithstanding any prior extensional credit by Mallory to Purchaser, if at any time Mallory determines in its sole judgment, that Purchaser's financial condition does not justify Mallory's extension to it of credit in connection with any sale hereunder, Mallory may, at its option, require Purchaser to make full payment in cash prior to order entry, manufacture, shipment or delivery.
In the event Purchaser defaults in payment, Mallory may, in its sole discretion, suspend shipment of goods on order. At such time, Mallory shall be entitled to all costs of collection including court costs and attorney/collection agency fees in the event of a default of the Purchaser.
If goods are shipped directly from a manufacturer or vendor other than Mallory to Purchaser's shipping address shown herein, the risk of loss of such goods shall not be on Mallory. Otherwise, the risk of loss shall pass from Mallory to Purchaser upon (i) delivery to Purchaser's shipping address, if shipped by Mallory?s vehicle or (ii) delivery to a common carrier, if shipped by common carrier. When goods are shipped by common carrier all claims for damages or losses in transit must be made by Purchaser directly to such common carrier. Purchaser shall be obligated to pay the full amount of Mallory Co. invoice in accordance with the payment terms stated therein or hereunder, notwithstanding damage in transit by or disputes with common carriers.
With respect to any claim against Mallory arising in any way from the sale of goods hereunder other than warranty claims, Mallory?s liability shall not exceed the purchase price of such goods. MALLORY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, CONTINGENT OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, BACK CHARGES. Mallory shall not be liable for damages of any kind resulting from any delay or failure to deliver or perform due to strikes, lockouts, or other labor difficulties, failure or delay sources of supply, transportation difficulties, accidents, fires, acts of God, or any other cause of like or unlike nature beyond Mallory reasonable control.
All manufacturers' specifications, either contained in Mallory?s catalog, promotional literature, or on this website or in any other document are subject to change without notice to Purchaser and without liability to Mallory.
Written confirmation by Purchaser of telephone or other oral or web orders must be clearly marked "confirming" to avoid duplicate shipments. If this is not done and duplicate shipment occurs, Purchaser's written confirmation shall be deemed to be a separate order subject to terms and conditions of this Agreement.
Any claim against Mallory other than warranty claims must be made in writing within ten (10) days after delivery and must state the factual basis for such claim. Failure to make any such claim within ten (10) days of receipt of shipment shall constitute acceptance of the goods and waiver of any and all claims with respect to such shipment. Purchaser agrees that warranty claims shall be barred unless asserted by Purchaser by the commencement of an action within 12 months after delivery of the goods. All provisions of this Agreement relating to warranties, remedies and claims shall survive any termination of this Agreement however arising.
MALLORY MAKES NO WARRANTY EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, CONCERNING GOODS SOLD HEREUNDER. Purchasers' sole remedy with respect to defective goods purchased hereunder shall be limited to pursuing warranty claims against the manufacturers of such goods. Mallory hereby assigns to Purchaser all rights and warranty claims which it may have against the manufacturers of goods sold by it hereunder. Mallory further agrees to use reasonable efforts to cooperate with the Purchaser to obtain from such manufacturers, in accordance with such manufacturers' customary practices, the repair or replacement of any goods which are defective in workmanship or material. With respect to goods modified by Mallory at Purchaser's request, Mallory shall have no liability whatsoever in the event that such goods' manufacturers' warranties are voided as a result of such modification.
No Mallory sales representative or other employee who is not an officer or manager of Mallory shall have authority to change or waive any of the terms and conditions of this Agreement.
In the even of litigation relating to this Agreement or the goods sold hereunder, Purchaser hereby agrees, to the extent permitted by law, to waive any right that it may have to a jury trial on any and all issues that may be raised in such litigation.
Nothing contained herein shall be construed to limit or waive any right or remedy of Mallory under applicable federal, state, or local laws.
The invalidity of any provision of this Agreement shall not invalidate or render unenforceable any other provision of this Agreement.
All orders are subject to acceptance by Mallory in Washington and this Agreement shall in all respects be governed by and construed under the laws of the State of Washington.