Customer agrees to the terms and conditions of this Agreement via any positive act on its part, including but not limited to the customer's acceptance of parts, goods or services of any sort; or the customer's issuance to AEI of a purchase order number: or the customer providing AEI with any funds related to any goods or services ordered from AEI by customer. The customer further agrees that all payments to AEI shall be in U.S. dollars, unless another monetary unit or means of payment is previously accepted, in writing, by AEI.
All customer EZ PARTS RFQ orders are due and payable at time of purchase. All other standard customer account orders are due and payable within thirty (30) days, unless otherwise noted. Accounts not paid within thirty (30) days shall accrue interest on the unpaid balance of one and one-half percent (1 1/2%) per month, simple interest, and to which shall be added AEI's reasonable cost and fees, including attorney's cost and fees, for the enforcement of payment of any and all monies due on the customer account at any time.
Although AEI guarantees its services and goods for a period of one (1) year following the date of this invoice. AEI makes no warranty what so ever, express or implied, as to the usefulness, merchantability, or use of the goods as delivered to the customer, and all such warranties are hereby expressly disclaimed by AEI at all times and under all circumstances. The customer hereby acknowledges that it has entered into this agreement freely, voluntarily without duress of any sort, and in full knowledge and contemplation of the express language provided herein on these and all other issues.
All deliveries from AEI to the customer are made at the customer's risk, although AEI may choose to insure the goods on a case by case basis all to their method and route of shipment. AEI's total obligation under the terms of this agreement are limited to the replacement of the goods provided herein- and AEI shall not be liable for any consequential or special damages, lost profits, or any claim what so ever as to the delivery or expressly agrees that any delivery of ordered goods is subject to and contingent upon the lack of strikes, labor difficulties, riots, civil unrest, war, fire, delay, default of common carrier; failure or curtailment of AEI's usual sources of supply; governmental decrees or orders; any other delay or obstacle beyond AEI's control; or an act of God that may arise hereafter. AEI may, at it's sole option and discretion, agree to replace any goods sold hereunder that are determined to be defective in material or workmanship; provided however, that AEI receives written notice from the customer within thirty (30) days of the customer's date of discovery of the defective component, but within the warranty period described in Paragraph 3 above.
For good and valuable consideration received by the customer, the sufficiency of which is hereby acknowledged, the customer grants AEI a security interest in the goods described in this agreement, and to any and all goods shipped to the customer hereafter, to secure payments and performance of the customer's obligations set forth herein, or that may be set forth hereafter. If the customer defaults in payment or performance of any of it's agreement obligations, then AEI may declare all such obligations immediately due and payable hereunder, and AEI shall have the full extent of the remedies of a secured party under Florida law, those remedies that may be set forth in this agreement and all other remedies in law or equity to which AEI might avail itself upon AEI's acceptance of a partial payment on this customer account. AEI negotiations or waiver of any principal, interest or cost payment that may be due to it hereunder shall not be deemed as a waiver of AEI's ability to enforce all of it's legal rights and remedies hereafter, nor as a waiver of the customer's default and liability hereunder.
At no time or under no circumstances shall AEI be held liable for a claim or alleged claim against and producer, manufacturer or goods-or-service-provider for which AEI was not the manufacturer, supplier, materials manager, producer, wholesaler or retailer pursuant to this agreement. The customer hereby recognizes and acknowledges that AEI relies upon various manufacturers and vendors in it's production of goods or services to the customer, and AEI makes no representation what so ever that any goods or services provided by AEI to the customer thereafter are fit for any but the goods and services intended purpose, or are guaranteed or warranted in any way by AEI to the customer, except as provided in Paragraph 3.
At no time will AEI be liable for repairs made to or service upon any of the goods provided by AEI to the customer, and neither will AEI be liable for the condition of the goods following any such service or repairs that the customer might chose to make of it's own accord, or via third parties.
This agreement represents the entire agreement between the parties, and supersedes any prior oral or written communications that might have been and between them. This agreement extends only to the original customer and nontransferable. The amount of this agreement shall be increased to an amount equal to any applicable tax now or hereafter assessed, that is levied or imposed by local, state, or federal authority, and the customer further agrees to pay all shipping charges, and insurance for delivery charges, that AEI might think reasonable or prudent to include as part of the invoice/agreement goods-and-service price.
The venue for the settle of all claims actions, suits or disputes concerning the terms, conditions, or content of this invoice agreement shall be Orange County Florida and in a court of competent jurisdiction of AEI's sole choice and selection.
In any event the customer agrees to pay AEI all reasonable and provable fees, charges, costs and so forth that are incurred by AEI as a result of the customer's activities or inactivities hereunder regardless of whether this agreement becomes operative and including restocking fees handling charges postage and the likes of.