Terms & Conditions

1. The Buyer to whom this invoice is submitted hereby agrees and is bound by and subject to all terms and conditions set forth in this invoice.
2. The purchase transaction to which this invoice applies is subject to and shall be construed in accordance with the laws of the State of Wisconsin and in the event there is any conflicting law applicable in any other state the law of the State of Wisconsin shall control.
3. ALL PARTS, PRODUCTS, AND GOODS (“Goods”) SOLD PURSUANT TO THE PURCHASE ORDER TO WHICH THIS INVOICE APPLIES EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ONLY WARRANTY APPLICABLE IS THAT SET FORTH BELOW SUBJECT TO THE LIMITATIONS STATED HEREIN.
4. All Goods sold pursuant to the purchase order to which this invoice applies are warranted to be free from material defects in materials or workmanship, and any Good failing to meet this warranty are subject to the sole and exclusive remedy set forth bellow. No other warranties apply.
5. The sole and exclusive remedy for any Goods failing to meet the warranty stated above entitles the purchaser to return all rejected Goods to Seller and obtain a full refund of the purchase price; however, Seller reserves the option to provide substituted Goods conforming to the warranty in lieu of refunding the purchase price.
6. ALL REMEDIES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM FAILURE OF ANY GOODS TO COMPLY WITH THE WARRANTY ARE EXPRESSLY EXCLUDED AND HEREBY WAIVED BY THE BUYER.
7. As a condition for rejecting Goods and entitling the buyer to a refund of the purchase price or obtaining substitute Goods at the option of Seller notice of rejection of Goods shall be given in writing to Seller by the Buyer within thirty (30) days of receipt of the Goods. Failure to give such notice in writing shall constitute acceptance of the Goods as if in full compliance with the warranty stated above.
8. Payment for all Goods pursuant to this invoice is due as stated on the previous pages of this invoice or statement and any payment not made when due shall be subject to interest at 1.5 percent per month commencing from the date of shipment.
9. The buyer is liable to seller for all costs of collecting past due accounts plus reasonable attorney’s fees.
10. All disputes arising out of or in connection with the purchase order to which this invoice applies shall be subject to the exclusive jurisdiction and venue of the circuit court for Calumet County located in Chilton, Wisconsin.
11. The term “Seller” in this invoice shall refer to the entity which sold the Goods to the buyer. The Seller will be Endries International, Inc. This invoice is being submitted on behalf of the Seller by Endries International, Inc.