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Lamina Technologies

1.  Acknowledgments/Warranties/Disclaimers.
a) Salazar Cutting Tools, LLC.- d/b/a SCTools. ("SCTools") hereby disclaims any and all warranties not expressly contained herein, including the implied warranties of merchantability and fitness for a particular purpose.
b) Customer acknowledges and agrees that SCTools has not made any warranties or representations nor given any assurances or guarantees except as expressly set forth herein.
c) Customer acknowledges its reliance upon its own expertise and/or the expertise of its subcontractors and/or agents in ordering grinding wheels or other items SCTools (the "Goods") and has not relied on SCTools in making its purchasing decision.
d) As Customer's sole and exclusive remedy for defects in the Goods ordered from SCTools, SCTools shall, at its sole cost and expense, correct any defect(s) in the Goods after receipt of timely written notification thereof from Customer. All Goods shall be deemed accepted by Customer unless Customer rejects same within thirty (30) days of delivery. In the event Customer needs a longer period of time to accept or reject the Goods, Customer and SCTools must modify the Terms and Conditions herein in writing prior to shipment of the Goods to the Customer.
e) Customer shall not either (i) remove, change or modify the SCTools name and/or logo which appear on any of the Goods or (ii) add the name or logo of any party to the Goods.

2.  Risk Allocation/Indemnification.
a)  Defective Workmanship. Customer assumes the risk(s) for all damages, including by way of illustration and not limitation, consequential damages, incidental damages, exemplary damages and lost profits resulting from or relating to defects in the Goods. Customer shall not, under any circumstances, hold or attempt to hold SCTools liable for any damages resulting from defective Goods. Customer shall defend, indemnify and hold SCTools harmless from any costs, expenses, damages, judgments and/or legal fees incurred by SCTools as a result of or in connection with the Goods purchased from SCTools Customer acknowledges that its above-stated assumption of the risk(s) was factored into the price for the Goods and that SCTools would have assumed some or all of the risk(s) in consideration for a higher price for the Goods.
b)  Product Safety. Customer shall be solely responsible for ensuring the safe utilization of any equipment used in connection with the Goods and for compliance with all state, federal and/or local laws and regulations, including, without limitation, the regulations promulgated by the Occupational Safety and Health Administration. Customer shall indemnify, defend and hold SCTools harmless from any and all costs, expenses, damages, judgments and/or legal fees incurred by SCTools as a result of or in connection with the alleged unsafe use of equipment in connection with the Goods.
c)  Copyright/Patent Infringement. Customer shall indemnify, defend and hold SCTools harmless from all costs, expenses, damages, attorney fees, and j udgments related to or arising out of allegations of patent infringement by SCTools if Customer furnished SCTools with any designs or specifications for its work.

3.  Payment. Invoices shall be paid within the period set forth on the face of this Invoice. Customer shall pay interest on balances remaining unpaid beyond such period at the lower of 1.5% per month or the maximum rate allowable by law from the date of the invoice. In addition, Customer agrees to pay any and all costs of collection and enforcement, including reasonable attorney's fees and legal expenses, whether or not litigation is commenced. SCTools shall retain title to all Goods sold to Customer until all of SCTools invoices are paid in full.

4.  Returns. Clearly indicate on your packing slip the reason for your return. State that you prefer to have funds credited to your account or charge card. You will receive the full purchase price of the product (Shipping charges are not refundable). Include the packing slip in the box and return to SCTools. We will provide free outbound shipping for the new item.
a) Defective Merchandise/Shipping Errors. Please contact or dial 877 737 0987 for return instructions.

5.  Force Major. SCTools shall not be liable for any loss, damage, delay, changes in shipment schedules or dates, or failure to deliver caused by shortages of materials, accident, fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of carrier, inability to obtain transportation facilities, government restrictions, acts of God or limitations on SCTools or its suppliers beyond the reasonable control of SCTools or any other cause or contingency beyond the reasonable control of SCTools

6.  Statute of Limitations. Customer shall have a period of one (1) year from the date the Goods are delivered to Customer to commence any litigation against SCTools for any claim, relating to the Goods. A ny claim for which litigation is not commenced by Customer within this one (1) year period shall be forever barred and waived. This paragraph shall not prohibit SCTools from commencing an action against Customer under the indemnification and/or payment paragraphs herein after the one (1) year period.

7.  Delays. SCTools shall not be liable to Customer or any third party for any costs, expenses, or charges of any nature whatsoever incurred by Customer as a result of any delay(s) in performance by SCTools regardless of the cause(s) of same.

8.  Acceptance. This Invoice, including these Terms and Conditions, constitutes the entire agreement between the Customer and SCTools There are no prior or contemporaneous oral or written agreements binding on either SCTools or Customer. SCTools acceptance of Customer's order, whether such order is set forth in a purchase order or otherwise, is expressly conditioned on Customer's acceptance of and agreement to the terms of this Invoice, including these Terms and Conditions; and no different or additional terms/conditions contained in any purchase order shall be of any force or effect. If a conflict arises between the Terms and Conditions of this Invoice and those contained in any purchase order, the Terms and Conditions of this Invoice shall control.

9.  Severability. All of the terms, conditions, representations and rights contained herein shall be severable so that if any one or more is held to be invalid or unenforceable said holding shall not in any way affect the validity or enforceability of all other terms, conditions and rights.

10.  Changes and/or Modification. The contents of this Invoice may only be modified and/or supplemented in writing and signed by the parties hereto.

11.  Notices. All notices required hereunder shall be in writing and shall be delivered or sent by certified mail, return receipt requested, to the proper party at his/her/its address on this Invoice.

12.  Governing Law and Jurisdiction. The interpretation and enforcement of the contents of this Invoice, including these Terms and Conditions, shall be governed by and construed in accordance with the internal law, not the law of conflicts, of the State of Michigan; and the Terms and Conditions contained herein shall be construed in a manner which will render them valid and permit their enforcement. In any action brought by or against SCTools hereunder, venue shall only be proper in a court of competent jurisdiction located in the State of Michigan, in Oakland County. Customer and SCTools agree to be subject to personal jurisdiction in, and consent to process issued by, a court in which venue is proper as defined in this Section 12.
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