Terms Of Sale

Please read these terms of sale carefully before placing your order and retain a copy of these terms and your order for future reference.

1. Format of the contract

1.1 These Terms of Sale apply to all goods supplied by OBEETEE Inc. and its affiliates (OBEETEE).

1.2 No contract exists between you (sometimes also referred to as the “buyer”) and OBEETEE for the sale of any goods until OBEETEE has received and accepted your order. Once OBEETEE has received and accepted your order there is a binding legal contract between us.

1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Sale.

1.4 The order placed by you cannot be countermanded or changed without the written consent of OBEETEE.

1.5 OBEETEE may change these Terms of Sale without notice to you in relation to future sales.

1.6 On acceptance these Terms of Sale as amended from time to time will remain in force for any future purchases made you.

2. Description and price of the goods

2.1 The description and price of the goods you order will be as shown on OBEETEE’s website at the time you place your order.

2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, OBEETEE will inform you as soon as reasonably practicable.

2.3 Every effort is made to ensure that prices shown on OBEETEEs website are accurate at the time you place your order. If an error is found, OBEETEE will inform you as soon as reasonably practicable and offer you the option of reconfirming your order at the correct price, or cancelling your order. If OBEETEE does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically.

2.4 Shipping and handling charges and applicable taxes, if any, are additional unless otherwise specified in the proposal or quotation.

3. Payment

3.1 The buyer shall pay Obeetee the price(s) stated in the proposal or quotation.

3.2 All international orders are payable in US funds. Payment can be made by International Money Order, drawn on a US bank, in US funds, or wire transfer. Both are subject to fund availability. A copy of your wire transfer must accompany the order. Please mail to obeetee.info@obeetee.com for more information.

3.3 The acceptance of international credit cards is at OBEETEE’s discretion.

3.4 OBEETEE will take stringent steps to authenticate the identity of foreign buyers, in keeping with standard fraud-prevention techniques. This may, on occasion, delay processing of your order.

3.5 If credit is granted for invoice payments against a 30-day quotation, payment terms are normally net thirty (30) days from date of invoice, subject to approval of the buyer's credit. Payment terms will be confirmed to the buyer on acceptance of the order.

3.6 A service charge of one and one half (1½%) percent per month or the maximum rate allowed by law, whichever is less, will be made on past due accounts.

3.7 If the buyer fails to pay any invoice when due, or if OBEETEE believes in good faith that the buyer's ability to make payments may be impaired, OBEETEE may suspend delivery of any order or remaining installment of an order until such payment is made, or may cancel the remaining installments of the order. The buyer will remain liable to pay for any Products or Services already shipped or delivered.

3.8 The buyer agrees to submit such financial information from time to time as may be reasonably requested by OBEETEE for the establishment and/or continuation of credit terms.

3.9 The buyer agrees to pay any and all legal fees and other reasonable costs associated with payment collection.

3.10 If for any reason OBEETEE feels insecure as to performance by the buyer, OBEETEE reserves the right to require full or partial payment for goods ordered at any time prior to the manufacture or shipment of such goods or the processing of the buyers order and the buyer agrees to make such payment when and as requested by OBEETEE and if such payment is not made, OBEETEE at its option, may determine not to manufacture or ship such goods.

4. Delivery

4.1 The goods ordered will be delivered to the address given by the buyer when the order was placed.

4.2 If delivery cannot be made to the address specified for reasons under OBEETEE's control, OBEETEE will inform the buyer as soon as reasonably practicable.

4.3 If the buyer deliberately fails to take delivery of the goods (otherwise than by reason of circumstances under the control of OBEETEE) then without prejudice to any other rights or remedies available to OBEETEE, OBEETEE may:

4.3.1 Store the goods until actual delivery and charge for reasonable costs (including insurance) of storage; or

4.3.2 Sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to the buyer for any excess over the price originally agreed for the goods or charge the buyer for any shortfall below the price agreed for the goods.

4.4 Every reasonable effort will be made to deliver the goods as soon as reasonably practicable after the order has been accepted. However, OBEETEE will not be liable for any loss or damage suffered by the buyer through reasonable or unavoidable delay in delivery. In this case, OBEETEE will inform the buyer of such delays as soon as reasonably practicable.

4.5 Time for delivery shall not be of the essence. The goods may be delivered by OBEETEE in advance of the quoted delivery date.

4.6 Upon receipt of the order the buyer may be asked to sign for the goods received in good condition. If it is not possible to check the contents of the package at that moment in time please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that are subsequently made.

4.7 Unless otherwise specified, OBEETEE reserves the right to make delivery in installments. Unless otherwise expressly stipulated herein, all such installments shall be separately invoiced and paid when due, without regard to subsequent deliveries. Delay in delivery of any installment will not relieve the buyer of its obligation to accept remaining deliveries.

4.8 The buyer directs that all shipments shall be made f.o.b. at either OBEETEE’s warehouse or the port of entry of the goods specified on the order acknowledgement, at OBEETEE’s option. The buyer agrees to pay all freight, insurance, demurrage and other charges incident to transportation, hereby acknowledging that the carrier selected by OBEETEE shall be the agent of the buyer. The buyer hereby constitutes and authorizes such carrier to act as the agent of the buyer to accept possession of such goods on behalf of the buyer and delivery of title and possession is made upon delivery by OBEETEE to said carrier. OBEETEE may select the carrier, but the responsibility of OBEETEE with reference to the safety, condition and transit of the goods ceases and the risk of loss passes to the buyer upon receipt of the goods by the carrier.

5. Risk/Title

5.1 The goods are at the buyer’s risk from the time of delivery to the buyer’s premises or carrier, whichever is earlier.

5.2 Ownership of the goods shall not pass to the buyer until OBEETEE has received in full (in cash or cleared funds) all sums due to it in respect of the goods.

5.3 OBEETEE shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from OBEETEE.

5.4 Until ownership of the goods has passed to the buyer, the buyer must:

5.4.1 Store the goods (at no cost to OBEETEE) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as OBEETEE's property;

5.4.2 Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on OBEETEE's behalf for their full price against all risks to the reasonable satisfaction of OBEETEE.

5.4.3 On request the buyer shall produce the policy of insurance to OBEETEE.

5.4.4 In the event of a claim the buyer shall hold the proceeds of the insurance in trust for OBEETEE and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.

5.5 The buyer’s right to possession of the goods shall terminate immediately if:

5.5.1 A bankruptcy order is made against the buyer or the buyer makes an arrangement or composition with its creditors, or otherwise takes benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed for its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the buyer’s winding up or for the granting of an administration order in respect of the buyer, or any proceedings are commenced relating to the buyer’s insolvency or possible insolvency; or

5.5.2 The buyer allows any execution, whether legal or equitable, to be levied on its property or obtained against it or the buyer is unable to pay its debts as they fall due or the buyer ceases to trade; or

5.5.3 The buyer encumbers or in any way charges any of the goods.

6. Consignment

If the buyer’s order relates to a consignment, references to the buyer herein shall be deemed to refer to the consignee. The consignee agrees that:

6.1 It will return the consigned goods to OBEETEE at the consignee’s sole cost and risk by the date specified and in the manner specified by OBEETEE.

6.2 That it will insure the consigned goods in the same manner as its own goods.

6.3 That it will be responsible for any loss or damage of any kind or nature to such goods until they are returned to OBEETEE in the same condition as when shipped by OBEETEE.

6.4 It will not grant, or permit the existence of, a lien claim or encumbrance of any kind or nature on the consigned goods, and will not represent to any party that it is the owner of such goods.

6.5 At OBEETEE’s request the consignee will sign a UCC-1 Financing Statements evidencing the consignment.

6.6 Consignee will pay freight charges on goods delivered on consignment or returned from consignment.

7. Warranty

7.1 OBEETEE makes no express warranties. There are no implied warranties which extend beyond the description on the order acceptance and there is no implied warranty of merchantability or that the goods are fit for any purpose, except that the goods covered by the order, shall be of OBEETEE’s standard quality.

7.2 If the goods supplied are damaged on delivery, OBEETEE should be notified in writing within 7 days at obeetee.info@obeetee.com . Failure to do so may affect any warranty claims that are otherwise applicable to such goods.

8. Limitation of liability

8.1 OBEETEE shall not be liable for any buyer’s losses or damages caused by reason of the negligent acts or omissions of OBEETEE. OBEETEE’s liability for any losses or damages shall be limited solely to an amount not exceeding the price paid for the goods.

8.2 In no event shall OBEETEE be liable to the buyer for any special, indirect, consequential, punitive or additional damages including lost profits.

8.3 If the buyer has any claim with respect to the non-conformity of goods to the contract, late delivery, underage or overage or quality, or with respect to any other act or omission of OBEETEE arising out of or relating to an order, or any resulting contract, OBEETEE shall not be liable unless the buyer makes a claim in writing to OBEETEE within thirty days (30) of the occurrence of the loss or damage complained of either at obeetee.info@obeetee.com or to OBEETEE’s postal address.

9. Data protection

OBEETEE will take all reasonable precautions to keep the details of any order and payment secure but unless OBEETEE is negligent, OBEETEE will not be liable for unauthorized access to information supplied by the buyer.

10. Force majeure

OBEETEE shall be excused from any failure on its part to comply with the terms of any order arising from any causes beyond its control including, but not limited to, failure to receive finished product, strikes, fires, floods, acts of god or public enemies, carrier delays, or acts, orders, regulations or decrees of governmental authorities. In the event of shortage of supplies, OBEETEE may allocate available supplies among its customers as it deems reasonable.

11. Export controls

The sale, resale or other disposition of products or documentation are subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. The buyer agrees to comply with all such laws, regulations and orders and acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Buyer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.

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