2. Price. All prices quoted reflect a 3% discount for CASH. The purchase price for the merchandise covered by our invoice is set forth therein. Except as otherwise expressly provided on the front of our invoice, the purchase price is payable in full upon presentation of the invoice to buyer or delivery of merchandise to buyer’s carrier, whichever occurs first. In the event the express terms on the front of our invoice provide that less than the full purchase price shall be payable on delivery of our invoice, the balance thereof shall be paid as provided on the front of our invoice (or seven (7) days prior to delivery of merchandise to the buyer if there are no such express provisions) and shall be adjusted for any change in the foreign exchange rate occurring between the date of our invoice and the date on which payment is made.
3. Delivery. The delivery and shipping dates set forth on the front of our invoice constitute OES’s good faith estimates and OES shall not be liable or responsible for failure to meet any specific delivery or shipping dates. OES shall, consistent with any sound business practice, select a method of shipping and packing unless otherwise instructed by buyer. Any special shipping or packing requested by buyer will be at the buyer’s sole expense. except as expressly provided in the invoice, all pricing, shipping and delivery terms are F.O.B. point of shipment.
4. Risk Of Loss. Buyer shall assume all risk of loss and pay all costs of insurance for the merchandise sold upon OES’s delivery thereof to carrier for delivery, or buyer’s taking possession of the merchandise, whichever is first to occur.
5. Taxes. Buyer shall pay any and all taxes, tariffs and assessments which may be levied upon or assessed against the merchandise including without limitation all federal, state, county or municipal sales, use, or other tax applicable to this transaction. Any such tax shall be payable by the buyer, in cash, with the purchase prices as provided in paragraph 2 above.
6. Warranty and Disclaimer.
(a.) OES warrants to the Buyer that the merchandise covered by our invoice will, at the time of delivery, be the merchandise described on the front thereof. The foregoing is the sole warranty, expressed or implied, given by OES.
(b.) BUYER ACKNOWLEDGES THAT IF THE MERCHANDISE BEING SOLD IS USED OR UNUSED, SURPLUS, SCRAP OR DEFECTIVE MATERIAL OR VEHICLES AND/OR RELATED EQUIPMENT, MILITARY OR OTHERWISE, THE SALE IS AS-IS WITH ALL FAULTS. SUCH MERCHANDISE HAS NOT BEEN MANUFACTURED OR PRODUCED, NOR MAY IT EVER HAVE BEEN SEEN OR INSPECTED BY OES. OES DOES NOT AND CANNOT REPRESENT OR WARRANT AS TO THE QUALITY, COMPLETENESS, ORIGINALITY, SERVICEABILITY, ROAD WORTHINESS OR PERFORMANCE OF SUCH MERCHANDISE. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE IS ASSUMED BY BUYER.
(c.) OES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH THE RESPECT TO THE MERCHANDISE COVERED BY THIS INVOICE, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. Returns. All returns must receive prior written authorization and a RMA number prior to shipping. Returns must be packaged to shipping standards, with prepaid freight. The RMA number must appear on the outside of the carton, and documents must state: "not subject to duty, returned product." Replacements will be shipped prepaid via an equal method. All requests for returns must be made within thirty (30) days of invoice date. All non-defective returns authorized by OES are subject to a 15% restocking fee, and must be returned within thirty (30) days from date of invoice.
8. Limitation of Remedy. Buyer’s sole and exclusive remedy for any matter or claim arising under or relating to our invoice, merchandise covered hereby and any transaction involving or relating to such merchandise, whether in contract, tort (including negligence), or otherwise, shall be general money damages not in excess of the lesser of the actual direct damage to the buyer or the purchase price for the merchandise to which the claim relates. IN NO EVENT WILL OES BE LIABLE FOR LOSS OF PROFIT, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF OES WAS ADVISED OR AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.
9. Force Majeure. OES shall not be liable or responsible in any manner for delays in performance for causes beyond OES’s reasonable control. In the event of a delay for force majeure, all delivery and other deadlines shall be deemed extended for the period of the delay.
10. Compliance With Laws. The merchandise sold here under is intended for collector and recreational purposes only and is not being sold or purchased by the buyer for use as, or in connection with a "destructive device" or "firearm" as such terms are defined under 27 CFR parts 47, 178 and 179, or under any other Federal, State or Local law. Except for federal importation laws, buyer shall be solely responsible for compliance with all applicable export regulations, federal, state and local health, safety, motor vehicle and any other laws, statutes, ordinances, standards, codes, specifications and regulations (collectively "Laws") governing the merchandise purchased hereunder.
11. Indemnification. Buyer shall indemnify, defend, and hold harmless OES and its successors and assigns and their respective shareholders, officers, directors, employees and agents from and against any costs, losses, damages or liabilities including reasonable attorney’s fees, suffered by OES arising from or related to the merchandise sold hereunder, buyer’s failure to comply with any applicable Laws ,directly or indirectly, and buyer’s or any other person’s, use or operation of such merchandise. Buyer acknowledges this Paragraph 11 shall survive the purchase of the merchandise sold hereunder and payment to OES.
12. Applicable Law. The substantive laws of the State of California
applicable to contracts made and to be performed in California shall govern the
validity, construction, interpretation and effect of the terms and provisions of
this invoice and the transaction for the merchandise described on the front