Inventory for Sale
Terms and Conditions of Bulk Sale
Except as expressly otherwise stated herein, Aero Fastener Co., Inc. Standard Terms and Conditions of Sale, Rev. 1, December 1998 apply to the sale of the parts inventory offered for sale and identified as Excess Inventory Bulk Sale.
The parts inventory referenced herein is offered for sale in one lot as a bulk sale and must, without exception, be purchased simultaneously in its entirety. Inquiries or requests for quotes for anything less than the entirety of the lot will not be responded to.
Unless any discrepancy is greater than 20%, Aero Fastener is not responsible for any discrepancies in the part counts of the part numbers referenced as part of this bulk sale.
All sales are final. Inquiries or requests for quotes for anything less than the entirety of the lot will not be responded to. Please direct all inquires to James Avery at (413) 562-5851 or via e-mail at jmavery@aerofastener.com
DISCLAIMER OF WARRANTY
SELLER MAKES NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIVITY OF REMEDY AND LIMITATION OF LIABILITY
IN THE EVENT BUYER CLAIMS THAT SELLER HAS BREACHED ANY OF ITS OBLIGATIONS TO THE BUYER, WHETHER WARRANTY OR OTHERWISE, UNDER THE PURCHASE ORDER OR THE TERMS AND CONDITIONS HEREIN, THE BUYER’S SOLE AND EXCLUSIVE REMEDY IS, AT THE SELLER’S SOLE AND EXCLUSIVE DISCRETION, EITHER A) THE REPLACEMENT OF THE GOODS SOLD, OR B) THE REFUND BY THE SELLER TO THE BUYER OF THE PURCHASE PRICE OF THE GOODS SOLD.
THE REMEDIES PROVIDED HEREIN SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER AGAINST THE SELLER FOR BREACH OF ANY OF THE SELLER’S OBLIGATIONS UNDER THE PURCHASE ORDER COVERING THE RELEVANT GOODS AND/OR THE TERMS AND CONDITIONS CONTAINED HEREIN, WHETHER THE CLAIM IS MADE IN TORT OR CONTRACT, LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO CLAIMS BASED ON WARRANTY, NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE MANUFACTURE, SALE, DELIVERY OR USE OF GOODS OR SERVICES SOLD OR PROVIDED BY THE SELLER, IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE GOODS.
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