Terms and Conditions

1.  PRICES: All prices quoted on the face hereof are subject to immediate acceptance by the Buyer and shall apply exclusively, unless, prior to completion 'and delivery, a sudden or unexpected increase in custom duties, taxes, freight rates and may increase as may affect this contract, the same shall be adjusted according to such increase with or without prior notice to the Buyer

2.  CHANGES: Seller assumes no responsibility for any changes in the specification outlined in the original order. unless such changes shall become effective immediately upon the acceptance of such changes.

3.  CLAIMS: Any claim for defective materials or workmanship is deemed waived after formal acceptance of the Buyer or his authorized representative of the delivery or installation , thereof, unless otherwise presented in writing to the Seller within three (3)days following date of delivery or installation unless stipulated for a longer period. Cost of labor for service-repair as well as material replacements thereafter shall be for the account of the Buyer.

4.  ERRORS: Any error/s inadvertently incorporated in or appearing on this contract is subject to correction by either parties after notice within fifteen (15) days frorn the date of discovery of such error/s.

5.  INSTALLATION: If the merchandi95 is to be installed by the Seller, the following terms and conditions shall apply:

a. Seller not responsible for any loss or damage to materials furnished by others;

b. After delivery of materials or merchandise, the Buyer or his authorized representative, receiver or depository named on the face hereof, or herein after assigned or mentioned, shall be responsible for the safe-keeping and preservation of the merchandise during off hours of the installation period. Any loss or damage to such merchandise or materials without fault to the Seller-Installer shall be borne solely by the Buyer.

c. Unless otherwise Provided. opening are to be completely and properly prepared by the Buyer. or his contractor or representatives, prior to installation in accordance with the final and approved shop drawings or plan attached herein and forms as an integral part thereof;

6.  OVERDUE ACCOUNTS: The net amount of the invoices shall be due and demandable within the specified agreed period under terms of payment of this contract. All accounts not so paid shall be deemed overdue and shall bear an interest of 3% per month. If terms of payment is installment basis, it is understood that failure to pay the installments when due the entire amount or contract price shall become due and demandable and shall bear an interest of 3% per month. In case of litigation, the Buyer submits itself to jurisdiction of the proper courts of Cagayan de Oro City, Philippines only agrees to pay additional sum equal to 15% of his total indebtedness of placed in the hands of an attorney for collection, or 25% if action is filed in the Court plus cost of litigation, both no case the attorney fees be less than Php5,000.00.

7.  RESERVATION OF OWNERSHIP: Naked ownership of items, materials and merchandise delivered to the Buyer shaII remain as property of the Seller and shall not be disposed of, alienate or encumbered by the Buyer or any third-parties claiming interest thereon. Until FULL payment of the contract price.

8.  FORCE MAJEURE: The Buyer hereby agrees that the Seller shall not be liable for any loss, delay, non-delivery or misdelivery due to any of the following causes;

a. Act of God or force majeure including but not limited to strike, war , rebellion, civil commotion, natural disaster or calamity, bad weather condition and acts of public enemies;

b. Acts, omission or fault attributable to or caused by the Buyer or its agents or representatives and government offices or agencies with actual apparent of authority;

9.  EXTRA-JUDICIAL RECESSION OF CONTRACT: The Buyer hereby agrees that in the event that any of the terms and conditions stipulated herein are violated such as, but not limited to non-payment of whole contract price or installments already due, the Seller is hereby given the right to unilaterally and extra-judicially cancel or rescind the contract and to withdraw, remove and recover all installed materials or merchandise, without prejudice to any claim by the Seller for damages arising in relation thereto. All payments made by the Buyer to the Seller shall be deemed as rentals for the use of such materials or merchandise upon the failure of the buyer to make good or comply with his monetary obligations.

10.  WARRANTY: The Company warrants that for a period of one (1) year from the date of purchase by the original purchaser. all material purchased or workmanship is free from defects under normal usage. Normal wear and tear, purposeful destruction, negligence and injury by natural forces are not covered by this warranty.