Terms of Sale — Performance Seats Clinton Inc.
All sales of products and services of Performance Seats Clinton Inc. are made on the following terms and conditions.
- Agreement. Buyer’s acceptance of delivery of, or payment for, the goods shall constitute Buyer’s agreement to these Terms.
- Payment Terms. Payment in full is due thirty (30) days after shipment. Any payment not made when due shall accrue a late charge of 1-1/2% per month.
- Delivery and Risk of Loss. Delivery shall be F.O.B. Performance Seats Clinton Inc.’s plant. Shipping and delivery dates are estimates only.
- Taxes. Buyer shall be liable for all applicable taxes, whether or not invoiced.
- Unavoidable Delay. Estimated delivery time shall be extended for circumstances beyond Performance Seats Clinton Inc.’s control.
- Changes. Performance Seats Clinton Inc. reserves the right to make design or engineering changes.
- Defects; Remedies. Subject to the Limited Warranty attached hereto.
- Limitations. EXCEPT AS STATED ABOVE, PERFORMANCE SEATS CLINTON INC. MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
- Solvency. Buyer represents that Buyer is solvent.
- Applicable Law. This agreement shall be governed by Michigan law. Any action may be brought in any federal or state court in Michigan.
- Cancellation. Buyer has no right to cancel without written agreement. Cancellation charges apply per the full Terms of Sale document.
- Grant of Security Interest. Buyer grants Performance Seats Clinton Inc. a security interest in all goods sold pursuant to this agreement.
- Complete Agreement. These Terms of Sale contain the entire agreement between Buyer and Performance Seats Clinton Inc.
Limited Warranty — Aftermarket
Performance Seats Clinton Inc. warrants that aftermarket automotive and light truck seating products are not defective in materials or workmanship for two (2) years from first date of service. This warranty extends only to authorized dealers and first retail purchasers. Exclusions include improper installation, modification, unauthorized repairs, ordinary wear and tear, and improper loads. THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.