STANDARD TERMS AND CONDITIONS OF SALE
Permian Manufacturing Company LLC
Sales Terms and Conditions
1. General
These Sales Terms and Conditions ("Terms") govern the sale of products ("Products") by Permian Manufacturing Company LLC ("Seller") to the buyer ("Buyer"). By placing an order, Buyer agrees to be bound by these Terms.
2. Orders
All orders are subject to acceptance by Seller. Seller reserves the right to refuse any order, in whole or in part.
3. Prices
Prices are subject to change without notice. The price charged will be the price in effect at the time of order acceptance.
4. Payment Terms
Payment is due and Payment Terms are extended as indicated on invoice. A (2) day payment grace period shall apply and afterwards, late payments will incur a late fee of $150USD or 10% per month on the outstanding balance.
5. Indemnification
The Buyer agrees to indemnify, defend, and hold harmless the Seller, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the use, operation, or possession of the products by the Buyer or any third party.
6. Delivery
Delivery dates are estimates only. Seller is not liable for any delays in delivery and may adjust dates as needed.
7. Risk of Loss
Risk of loss passes to Buyer upon delivery of the Products.
8. Product Liability
The Seller makes no warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. All products are sold “as is” and “with all faults.”
9. Limitation of Liability
In no event shall the Seller be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, revenue, or business, arising out of or in connection with the sale, use, operation, or possession of the products, even if the Seller has been advised of the possibility of such damages. The Seller’s total liability to the Buyer for any claim arising out of or in connection with the sale of the products shall not exceed the purchase price of the products.
10. Assumption of Risk
The Buyer acknowledges and agrees that the use of the products involves inherent risks. The Buyer assumes all risks and liability for the use, operation, and possession of the products, including but not limited to, any risk of injury, damage, or loss.
11. Returns
Products may be returned within 3 days of delivery, provided they are in their original condition and unused. Buyer must obtain a return authorization from Seller before returning any Products.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws
13. Entire Agreement
These Terms constitute the entire agreement between Seller and Buyer with respect to the sale of Products and supersede all prior or contemporaneous communications and proposals, whether oral or written.