Invoices relate to the purchase and sale of the products or services identified on the invoice (herein referred to as the "Products") or their component part(s) (the "Part(s)") by All Dandy Vending Machine Repair LLC. Invoices will become a binding contract on the terms and subject to the conditions set forth on the front and back of the invoice when Buyer accepts any shipment of the Products. Invoices are subject to the terms and conditions set forth on the front and back of the invoice and no others, unless there is an overriding agreement between the parties signed by the President or Vice President of All Dandy Vending Machine Repair LLC. Any additional or different terms or conditions proposed by the buyer are hereby rejected.
The terms and conditions set forth of the front and back of an invoice constitute the final agreement of the parties, are a complete and exclusive statement of the terms of that agreement, and supersede any previous or contemporaneous communications, representations, or agreement, whether oral or written, with respect to the purchase of Products from All Dandy Vending Machine Repair LLC.
Unless otherwise expressly stated by All Dandy Vending Machine Repair LLC, prices are subject to change without notice at any time. Products will be invoiced at the prices effective at the time of shipment. Unless specifically otherwise set forth, prices do not include the amounts of any applicable sales, use, transfer, excise or other taxes, tariffs or custom duties, and Buyer will pay directly or be charged by All Dandy Vending Machine Repair LLC for any such taxes, tariffs or custom duties levied upon the sale, transfer, import, export, or use of the Products sold hereunder.
All Dandy Vending Machine Repair LLC may, at any time, suspend performance of any order or require payment from Buyer in cash prior to shipment, security or other adequate assurances satisfactory to All Dandy Vending Machine Repair LLC, when in All Dandy Vending Machine Repair LLC’s sole opinion, the financial condition of the Buyer warrants such action.
Shipping and Delays.
Unless otherwise specified by All Dandy Vending Machine Repair LLC, all Products are sold FOB All Dandy Vending Machine Repair LLC. Unless otherwise specified by buyer, means of shipment shall be at the sole discretion of All Dandy Vending Machine Repair LLC, and title in, risk of loss, and the right of possession to such Products shall pass to the Buyer upon All Dandy Vending Machine Repair LLC's delivery to carrier at point of shipment. Any quoted delivery date is only an estimate. Buyer's sole exclusive remedy for any delay from estimated delivery date shall be to cancel the order; provided, however, that Buyer shall be obligated to pay for all Products completed and in process prior to All Dandy Vending Machine Repair LLC's receipt of notice of cancelation.
Payment shall not prejudice claims on account of losses, damages, or shortages in shipment, but no such claim whatsoever will be allowable unless make in writing within 30 days after receipt of the applicable shipment by the Buyer.
Limited Warranty and Disclaimer.
All Dandy Vending Machine Repair LLC warrants that the Products, including without limitation, their component part(s), sold will be of the kind and quality described herein and will be free of defects in workmanship or material. This Warranty shall extend for the Warranty period set forth below following the date of delivery of such Products to Buyer. All Dandy Vending Machine Repair LLC MAKES NO WARRANTY, EXPRESS, IMPLIED (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT-ABILITY AND FITNESS DOE INTENDED PURPOSES), OR STATUTORY, OTHER THAN THE FOREGOING EXPRESS WARRANTY.
Warranty Period (If Any)
All Used Parts
All Other Parts
All Other Services
New Equipment & Parts
Equipment sold in AS-IS Condition
Equipment sold in CLEANED, CHECKED & WORKING Condition
*Product Type is denoted in the description during purchase
Failure of the Buyer to submit any claim hereunder within ten (10) days following expiration of the Warranty Period applicable to such Products shall be an admission the Buyer and conclusive proof that such articles are in every respect as warranted and shall release All Dandy Vending Machine Repair LLC from any and all claims for damage of loss sustained by the Buyer. In the event the Buyer timely submits a claim for breach of WARRANTY, the parties agree that, at All Dandy Vending Machine Repair LLC’s option, the Buyer's sole and exclusive remedies shall be the repair or replacement of the defective Products or Part(s) or a in store credit of the price of the defective Products or Part(s).
The Buyer acknowledges that it alone has determined that the Products purchased hereunder shall suitably meet the requirements of its intended function. It is expressly furnished by All Dandy Vending Machine Repair LLC with respect to the use of the Products is given without charge, and All Dandy Vending Machine Repair LLC assumes no obligation or liability for the advice or recommended operating practices given, or results obtained, all such advice or recommended operating practices being given and accepted at the Buyer's risk.
This Warranty does not apply to (i) electrical components, wiring, circuits and/or mechanical parts or assemblies damaged as a result of operating the Products at other than 115 volts, 60 Hertz current, (ii) Products damaged due to vandalism, fire, flood or other casualty, (iii) Products not maintained in accordance with the manufacturer's or All Dandy Vending Machine Repair LLC's recommendations, and/or (iv) Products not services by All Dandy Vending Machine Repair LLC authorized service personnel or which contain replacement parts not furnished by All Dandy Vending Machine Repair LLC or its authorized service personnel.
Limitations of Liability. All Dandy Vending Machine Repair LLC SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE, WHETHER DIRECT, INCIDENTAL, OR CONSEQUENTIAL ARISING OUT OF THE USE OR THE ABILITY TO USE ANY PRODUCTS SOLD BY All Dandy Vending Machine Repair LLC. The remedies of the Buyer set forth herein are exclusive, and the liability of All Dandy Vending Machine Repair LLC with respect to any contract or sale of anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not, except as expressly provided herein, exceed the price of the Products on which such liability is based. Any statements or representations about the Products, other than those contained herein, do not constitute warranties and shall not be relied upon by the Buyer and shall have no force or effect unless contained in a written agreement signed by the President or Vice President of All Dandy Vending Machine Repair LLC
All Dandy Vending Machine Repair LLC shall be relieved from furnishing the Products if delayed or prevented by any circumstances beyond the control of All Dandy Vending Machine Repair LLC, including, but not limited to, fire, explosion, accident, breakdown of machinery or equipment, acts of God, strikes or other labor disputes, riots or other civil disturbances, delays or defaults of vendors, acts of government (including voluntary or involuntary compliance with any law, order, regulation, recommendation or request of any governmental authority), or any other similar cause beyond its control; provided, however, that if manufacture, is suspended or terminated for any of the foregoing reasons, Buyer shall take delivery of an make payment for all such Products completed and in process at the date of suspension or termination of manufacture. All Dandy Vending Machine Repair LLC shall have no obligation to buy in the open market any article to be used in All Dandy Vending Machine Repair LLC’s manufacture when the supplier thereof has defaulted in delivery. All Dandy Vending Machine Repair LLC reserves the right at any time to allocate or apportion its available Products among its customers (whether contract or non-contract) and its open internal uses in such manner as it deems fair and equitable, and any Products not delivered as a consequence thereof shall be deducted from the contract quantity.
If on Deliver the Products appear to be visibly damaged you must notify the Carrier immediately that you will not accept Delivery or sign for as damaged otherwise you will forfeit your right to reject the Products for visible damage. If the Products are not visibly damaged on Delivery, but you wish to reject the Products for any other non-conformance or unapparent damage, you may reject the Products provided that: you obtain an RMA number from us within 24 hours of Delivery, submit a completed RMA form to us as soon as possible thereafter and allow us facilities to inspect the Products within 7 days of the date of Delivery; and the products are undamaged, unused, in their original packaging and you have not marked either the products or their packaging. All Dandy Vending Machine Repair LLC will bear the costs of collecting any Products you reject provided that you have and approved RMA Should you reject and return the Products in accordance without an RMA All Dandy Vending Machine Repair LLC reserve the right to charge a "restocking fee" which will be an amount equivalent to 25% of the price payable by you in respect of the returned Products.
Limitation of Actions.
Any action for a breach of contract arising out of All Dandy Vending Machine Repair LLC’s acceptance of Buyer's order or Products supplied must be commenced within one (1) year after the cause of action has accrued.
Failure to Object; Waiver.
Failure of All Dandy Vending Machine Repair LLC to object to any terms which now or in the future appear in any form or other communication of Buyer shall not be construed as a waiver of the provisions set forth herein not acceptance of any such term. No course of prior dealings between the parties and no custom of trade shall be relevant to supplement, explain or vary any of the terms set forth herein. Waiver by either party of any breach of any of the terms, conditions or provisions set forth herein, or any failure to enforce same, at any time, shall not in any way affect, limit or waive such party's right to thereafter enforce and compel strict compliance to that or any other terms, condition or provision hereof.
Buyer may not assign its rights or delegate its performance hereunder, in whole or part, without prior written consent of All Dandy Vending Machine Repair LLC, and an All Dandy Vending Machine Repair LLC’s election any attempted assignment or delegation without such consent will be null and void.
All Terms and Conditions, as stated herein shall survive any cancelation or termination of this contract and any performance hereunder.
The validity, interpretation and performance of this contract shall be governed and construed according to the laws of the state of Texas, USA, without regard to its conflict of laws principles and excluding the United Nations Convention for the International Sale of Products. All disputes arising hereunder shall be resolved in a court of competent jurisdiction in Bell County, Texas. Buyer hereby irrevocably consents to the jurisdiction of the State and Federal Courts sitting in Bell County, and agrees to appear in any action upon written notice thereof sent registered mail to the Buyer's place of business as set forth in the agreement. Should any clause of this agreement be held unenforceable or unlawful, the clause in question shall be modified so as to eliminate the unenforceable element and as so modified shall be binding upon the parties hereto. The remaining clauses and provisions shall not be affected thereby.
The headings of the various paragraphs are inserted only as a matter of convenience and for reference and in no way are intended to define, limit, or describe the scope or intent of the particular paragraph to which they refer.
All Dandy Vending Machine Repair LLC International, Inc. does not warrant or guarantee its products meet California Proposition 65 or environmental laws. The buyer is responsible and liable to ensure that the products ordered for use or sale in California comply with all California laws.