TERMS & CONDITIONS
TERMS & CONDITIONS
Govern the sale of Goods by ODIN CONCEPT LLC (the "Seller") to the Buyer. By purchasing Goods from the Seller, the Buyer agrees to be bound by these Terms and Conditions. 1. DEFINITIONS "Buyer" means the organization or person who buys the Goods. "Goods" means the articles to be supplied to the Buyer by the Seller. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property. "Recommended Retail Price" means the price recommended by the Seller for the Goods. "VAT" means value-added tax, or any other applicable costs, sales tax, excise tax, or use tax.
PRICE AND PAYMENT
The price of the Goods shall be the Recommended Retail Price, unless otherwise agreed to in writing by the parties. The price is exclusive of VAT or any other applicable costs, sales tax, excise tax, or use tax. The Buyer shall pay the Seller in full for the Goods before the Seller delivers them to the carrier for shipment.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Unless otherwise agreed to in writing, the Goods shall be shipped to the address specified by the Buyer on the date estimated by the Seller, or as close as possible to the date estimated by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. The Seller is responsible only for delivering the Goods to the carrier for shipment. The risk of loss shall pass to the Buyer when the Goods are delivered to the carrier. This contract shall be F.O.B. Seller's place of business. Shortages, over deliveries, and duplicated orders must be reported to the Seller within 15 days of signed receipt to enable replacement or refund.
Where the Buyer chooses to collect the Goods itself, the risk shall pass when the Goods are entrusted to the Buyer or set aside for the Buyer’s collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
LIMITATION OF LIABILITY
Seller shall not be liable under any provision of this agreement or any contract, negligence, strict liability or other legal or equitable theory for indirect, special, incidental or consequential damages of any kind (including, but not limited to, lost profits, loss of reputation), whether or not it has been advised of the possibility of such damages in advance. This exclusion of liability includes any liability that may arise from claims by third parties against the other party. In no event shall Seller be liable to Buyer for the cost of procuring substitute goods. In addition, in no event shall Seller's total liability under this Agreement exceed the amount actually received by Seller from Buyer for the Products involved.
INTELLECTUAL PROPERTY RIGHTS
Any Intellectual Property Rights resulting from the performance of this Agreement shall become the property of the Seller, if not already vested. The Buyer must take necessary steps to ensure that such rights vest in the Seller by executing appropriate instruments or making agreements with third parties as required by the Seller.
The Seller will not be liable for any delay or failure to fulfill its obligations due to events or circumstances beyond its control, such as acts of God, strikes, lockouts, accidents, war, fire, plant or machinery breakdown, or unavailability of raw materials from a natural source. The Seller is entitled to a reasonable extension of its obligations in such cases. If the delay continues beyond a reasonable time, the Seller may terminate the contract without any liability.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 11.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Virginia and the parties hereby submit to the exclusive jurisdiction of the courts of Virginia.
For more information about our TERMS AND CONDITIONS , please contact us by e-mail at firstname.lastname@example.org