The Purchaser agrees to purchase and Barbizon Lighting Company (hereinafter "BARBIZON") agrees to sell the Goods and/or Services described on the reverse or on any document transmitted to the Purchaser herewith, subject to the following terms and conditions. These terms and conditions constitute the entire agreement between the parties and there are no understandings, representations or warranties of any kind, expressed or implied, not specifically set forth herein. The Purchaser agrees these terms and conditions shall control as to any order accepted by BARBIZON, notwithstanding any terms and conditions that may be contained in any purchase order or other document of Purchaser, and BARBIZON's acceptance of any order is expressly made conditional on Purchaser's assent to such terms and conditions. Such terms and conditions will not be changed, modified, superseded or otherwise altered except by written documentation signed by an authorized representative of BARBIZON.
BARBIZON shall not be liable for missed delivery and/or inability to perform due to unforeseen circumstances or conditions, including governmental regulations, labor stoppage, casualties, fire and other causes beyond our control. Goods are shipped at Purchaser's risk and BARBIZON's obligation to deliver goods is discharged upon their delivery in good condition to the carrier. Shipments are designated FOB origin or BARBIZON's warehouse. BARBIZON will prepay and bill freight on UPS shipments. Common carrier and expedited air shipments are sent collect unless specified otherwise. Federal, state, local taxes and assessments, duties and other charges (except for related sales tax) are the responsibility of the Purchaser.
All sales shall be prepaid. If payment terms are extended, payment shall be net 30 days from date of invoice, unless otherwise specified. All payments are applied to the oldest outstanding invoice. Any unpaid balance after 30 days will be subject to 1 % service charge per month. In the event of collection, all collection costs, including but not limited to storage, advertising, accounting and all costs incurred through outside collection services are to be paid by Purchaser.
It is agreed and understood by BARBIZON and Purchaser that in the event Purchaser fails to make payment of the Goods in accordance with the terms and conditions herein, all rights to the title and interest in the Goods shall revert back to BARBIZON, including without limitation any and all rights to manufacturers warranties if any, and BARBIZON shall have the right to repossess the Goods.
Claims for shortage or damage must be made within three business days. Products are carefully packed and delivered in good condition to the carrier. All claims for loss or damage in transit must be made by the consignee directly to the carrier. BARBIZON will assist you in any manner possible in the presentation and enforcement of such claims without waiver of our rights to have compliance with the terms of payment of our invoice.
BARBIZON will accept returned goods only when prior authorization for such return has been obtained. Returns for credit must be in accordance with RMA procedures as established by BARBIZON. Restocking charges of 15% plus any handling or replacing costs will be deducted.
BARBIZON, NOT BEING THE MAUFACTURER OF THE GOODS, OR ANY PART, MAKES NO REPRESENTATIONS OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INDLUDING. WITHOUT LIMITATION, THE DESIGN OR CONDITON OF THE GOODS, ITS MERCHANTABLITY, DURABILITY, SUITABILATY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL, OR WORKMANSHIP OF THE GOODS, OR THE CONFORMITY OF THE GOODS TO THE PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER RELATING THERETO, AND BARBIZON HEREBY DISCLAIMS ANY SUCH REPRESENTATION OR WARRANTY (WHICH DISCLAIMER PURCHASER HEREBY ACKNOWLEDGES) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING. BARBIZON SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DEFECTS, EITHER PATENT OR LATENT (WHETHER OR NOT DISCOVERABLE BY PURCHASER) IN THE GOODS OR FOR ANY DIRECT OR INDIRECT DAMAGE TO PERSONS OR PROPERTY RESULTING THEREFROM, OR FROM PURCHASER'S LOSS OF USE OF THE GOODS OR FOR ANY INTERRUPTION IN PURCHASER'S BUSINESSES CAUSED BY PURCHASER'S INABILITY TO USE THE GOODS FOR ANY REASON WHATSOEVER. NOTWITHSTANDING THE FOREGOING, BARBIZON agrees to assist the Purchaser in the event the Goods are deemed to be defective, including, at BARBIZON's sole discretion, repairing or replacing the materials and/or workmanship during the relevant warranty period, providing that, this clause shall in no way be deemed to be an admission or acceptance of liability by BARBIZON with respect to the design or condition of the Goods.
Any dispute, claim, question, or disagreement arising from or relating to use of Barbizon.com or any of its products and services shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The binding arbitration regarding any dispute, claim, or controversy arising out of or relating to use of the Barbizon.com website any of its products or services shall place in New York, New York, USA.