Terms and Conditions:

ORDERING: To insure prompt and proper shipment, please order by catalog number and description. Marie Courant (MC), a California based corporation located at 621 South B Street, Tustin, CA 92780, 714-544-6511, FAX: 714-544-6513, reserves the right to consider each order, or addition, as separate and subject separately to the Terms & Conditions herein outlined.

SHIPMENTS: All shipments are FOB, Tustin, CA.

CLAIMS: All claims must be made within ten (10) calendar days after receipt of the merchandise. If any shipment is received in a damaged condition, your claim must be filed with the delivering carrier and noted on the freight bill before you accept the merchandise.RETURNS: All returns are subject to our written approval and must be accompanied by a “Return Goods Authorization” number obtained from MC prior to shipment. Unauthorized returns will not be accepted. Freight must be prepaid. Material returned for credit, if in original condition and resaleable, is subject to a 20% handling charge.

TAXES: Any Federal or State Excise or Sales Tax for which MC may be liable on any sale will be charged to and paid by the buyer. Buyer is responsible for furnishing a resale certificate.

PRICES: Prices and Products are subject to change without notice.

LIMITED WARRANTY: To Buyer, as original purchaser of the Goods, MC warrants its products free from defects in materials and workmanship at the time of the sale. To obtain warranty, replacements or repair, defective components or parts should be returned, transportation paid, to the place of purchase. No returns may be made directly to MC without the express written authorization of MC. MC shall not be responsible for cartage, removal and/or reinstallation labor or any other cost incurred in obtaining warranty. The foregoing warranty does not apply to components manufactured by others. For such products, the warranty established by the respective manufacturers will apply.

LIMITATION ON IMPLIED WARRANTIES: Implied warranties, including any warranty or merchantability imposed on the sale of the goods under state law, are limited to one month from the date of the original sale.

LIMITATIONS OF LIABILITY: THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT MC’S LIABILITY HEREUNDER. EXCEPT FOR BODILY INJURY OR DEATH OF A PERSON, UNDER NO CIRCUMSTANCES WILL MC, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANYONE UNDER ANY PRODUCT ORDER, SCHEDULE OR TERMS AND CONDITIONS HEREIN, UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT FORESEEABLE OR FORESEEN, FOR:(1) BUSINESS INTERRUPTION COSTS, COST OF REWORK, RETESTING, PROCUREMENT OF SUBSTITUTE GOODS, REMOVAL AND REINSTALLATION OF GOODS; OR(2) ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LITIGATION COSTS, LOSS OF EQUIPMENT, PRODUCTION OR PROFIT, GOODWILL, LOSS OF REVENUE, OR LOSS OF UNITS; COST OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF THE AP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THERE IS A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT OR WHETHER ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.MC’S LIABILITY AND BUYER’S SOLE REMEDY, WHETHER IN CONTRACT, UNDER WARRANTY, IN TORT (INCLUDING NEGLIGENCE,) IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND SHIPMENT COSTS.

INDEMNIFICATION: Buyer will defend and indemnify MC and its directors, employees, agents, customers, end users, successors and assigns from and against all actual and alleged claims, liabilities, suits, damages, losses and expenses (including attorney’s fees and legal costs) arising from, or caused in whole or in part, by buyers breach of any provision, term or condition of purchase.

BINDING EFFECT: All sales transactions are binding on MC and the buyer and their respective directors, officers, employees, agents, subcontractors, successors and permitted assigns.

GOVERNING LAW: All transactions will be interpreted and enforced under the laws of the State of California (including without limitation the Uniform Commercial Code as adopted by the California), without recourse to the conflict of laws provision thereof. In no event will the provisions of the UN Convention of the International Sale of Goods apply to any purchases. MC and buyer agree that any action or proceeding arising out of or in connection with any sale of product or service, will be brought exclusively to a court of competent jurisdiction in the County of Orange, State of California.