Prices for Goods or Materials
Prices for goods or materials to be furnished by Storm’s Edge Technologies (herein “SET”) will be in accordance with the SET’s price/cost sheet in effect at the time of order, reorder, or as specified on an authorized SET quotation in force at the time an order is accepted by SET. SET's prices may not include any bank charges or federal, state, municipal, or other governmental, excise, sales, use, occupational or similar taxes (collectively “Incidental Charges”). Prices are subject to an increase equal in amount to any Incidental Charges SET may be required to collect or pay upon the sale or delivery of such goods or materials. The Customer must submit any certificate of exemption to which it may be entitled.
SET offers a ten (10) day, from the time of purchase, money-back return policy for purchases of goods or materials made through SET. Any goods or materials returned to SET must be unopened, unused and undamaged and must be in their original packaging.
SET reserves the right to charge the Customer a fee not to exceed 25% of the purchase price of any goods or material returned.
Delivery of Goods
Delivery of any goods or materials by SET shall be made F.O.B. at SET's facility or office in Fort Worth, Texas, at which time risk of loss shall pass to the Customer. The time of delivery is the time when the goods or materials are picked up by or delivered to the carrier (herein “Delivery”). Any freight and/or insurance charges for such delivery are to be paid solely by the Customer. SET shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay, whether the delay be caused by an act of God or man-made. In the absence of specific instructions, SET will select the carrier. In selecting the carrier, the Customer acknowledges that SET makes no warranty or representation, whether expressed or implied, in law or in fact, regarding the quality of capabilities of the carrier selected. The carrier shall not be considered an agent or representative of SET, nor shall SET assume any liability with regard to any shipment. Any liability for a shipment is expressly disclaimed and denied by SET.
SET shall retain a purchase money security interest in products sold or licensed to the Customer, now or hereafter, (collectively called the “Collateral”) and to the proceeds thereof until the full purchase price and all other liabilities due or to become due to SET shall have been paid. Upon any default by the Customer for payment of goods or materials delivered, SET shall have all of the rights and remedies of a secured party under the Uniform Commercial Code or other applicable law, which rights shall be cumulative.