Conditions of use

 

Terms & Conditions 

These Terms and Conditions govern the terms of sale for all goods and services purchased by Customer from Lost Bwana Outfitters, Inc. (“Lost Bwana Outfitters”) of 870 Nw 6th Drive, Boca Raton, Florida 33486. Lost Bwana Outfitters’s acceptance of any purchase order received from Customer or any invoice given to Customer is expressly subject to Customer’s agreement to the terms and conditions stated herein. Any conflicting or additional terms proposed by Customer are expressly rejected. Acceptance of the goods by Customer shall be deemed acceptance of the Terms and Conditions of Sale as set forth herein. These terms and conditions shall govern over any terms and conditions of purchase proposed by Customer that conflict or add to the terms of this contract, unless such additional or conflicting terms are specifically agreed to in writing, and signed by Lost Bwana Outfitters’s duly authorized representative.

LIMITED WARRANTY AND EXCLUSIVE REMEDY

Lost Bwana Outfitters warrants that during a period of one (1) year from date of shipment of the goods purchased under this contract, such goods shall be free from structural defects under normal use and service. If during such period such goods shall fail to perform in accordance with specifications, Florida Seating shall, at its expense and option, repair or replace the goods;provided however, Lost Bwana Outfitters shall not be responsible for any removal, installation or reinstallation costs. THE FOREGOING WARRANTIES AND REMEDIES SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES under any and all circumstances. Provided further that if any such remedy shall fail of its essential purpose, Lost Bwana Outfitters’s maximum and sole liability arising from or related to this sale of goods contract, or from any attempts to repair or replace defective goods, shall be limited to payment of the purchase price, or the allocable portion of the purchase price which relates to the defective goods furnished under this contract. The foregoing warranty shall be void if damage results from Customer’s improper installation, repair or use of the goods.

Some of the manufacturers Lost Bwana Outfitters represents offer longer warratnties.  Call an authorized representative for these different manufacturers’ warranties.

DISCLAIMER OF ALL OTHER WARRANTIES: 

Lost Bwana Outfitters makes no warranty other than the limited warranties described or provided above. THESE LIMITED WARRANTIES ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. There are no warranties which extend beyond the description on the face hereof.  In no event shall Lost Bwana Outfitters be liable for, and Customer shall indemnify and hold Lost Bwana Outfitters harmless from, (1) any damages, direct, indirect, general, special, incidental or consequential, WHETHER RESULTING FROM LOST BWANA OUTFITTERS’S NEGLIGENCE OR OTHERWISE, arising out of, in connection with, or resulting from the goods contract sold hereunder, and (2) any and all claims, actions, suits and proceedings which may be instituted in respect to the foregoing, including without limitation those made by subsequent owners and users of the goods.

INDEMNIFICATION: 

Lost Bwana Outfitters shall not be liable for any property damage whatsoever or claims of any kind whether based on contract, warranty, tort INCLUDING WITHOUT LIMITATION LOST BWANA OUTFITTERS’S OWN NEGLIGENCE OR OTHERWISE, or for any loss or damage arising out of, in connection with, or resulting from, this contract, or from the performance or breach thereof, or from all services or goods covered by or furnished under this contract. Customer agrees to indemnify and hold harmless Lost Bwana Outfitters against any and all liability associated therewith whatsoever whether based on contract, tort, AND WHETHER RESULTING FROM LOST BWANA OUTFITTERS’S NEGLIGENCE OR OTHERWISE, including without limitation all claims made by any third party.

RESALE: 

LOST BWANA OUTFITTERS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, including without limitation any liability to or warranties made for the benefit of any third party, including without limitation any third party to whom Customer may sell or transfer the goods, which are the subject of this contract. Notwithstanding, the foregoing all the terms and conditions set out herein shall be binding upon Customer and all subsequent owners and users of these goods. Without limitation of the foregoing, however, the goods identified herein are sold subject to the condition that they shall not, nor any portion of them, by way of trade or otherwise, be lent, resold, or otherwise conveyed without similar conditions, including without limitation this condition, being imposed on the subsequent borrower, purchaser, or transferee.

TERMS OF PAYMENT: 

All payments are due with signed, accepted Lost Bwana Outfitters’ invoice, unless client’s account is on pre-pay terms or otherwise agreed in writing, and signed by an authorized representative of Lost Bwana Outfitters. All credit terms requested for new accounts, and by existing customers who have previously been extended credit terms, are subject to credit approval in Lost Bwana Outfitters’s sole discretion.  

ACCEPTANCE OF ORDERS: 

All orders are subject to and shall be effective only upon written acceptance by a duly authorized representative of Lost Bwana Outfitters.

SHIPMENT AND TRANSPORTATION CHARGES: 

Shipment of goods are F.O.B. point of shipment, and shall be deemed to occur when the aforementioned items are placed in the possession of a common carrier for shipment to Customer, unless Customer is in Lost Bwana Outfitters’s delivery area or the shipment terms have been otherwise agreed upon in writing by an authorized Florida Seating representative. All transportation, rigging and storage charges are for the account of and payable by Customer. Lost Bwana Outfitters reserves the right to make partial shipments, and pro-rata payments shall become due as partial shipments are made. Any dates for shipment are approximate only and Lost Bwana Outfitters shall not be liable for any delay in shipment or delivery of the goods.

TITLE AND RISK OF LOSS: Title to and risk of loss of all items purchased hereunder shall pass to Customer upon shipment by F.O.B. point of manufacture. No subsequent loss or damage to the items shall affect Customer’s obligations hereunder.

FORCE MAJEURE: Lost Bwana Outfitters shall not be liable for any delay or failure to perform its obligations due to any cause beyond its reasonable control, including without limitation fire, weather, accident, act of public enemy, war, rebellion, insurrection, strike, lockout, work slowdown, or similar industrial or labor action, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, acts or omissions of Customer, or the order of judgment of any federal, state, local or foreign court, administrative agency or other government office or body.

CHANGES, CANCELLATIONS AND RETURNS:

ALL SPECIAL ORDERS ARE NOT RETURNABLE FOR ANY REASON. Orders accepted by Lost Bwana Outfitters are not subject to changes or cancellation by Customer, except with Lost Bwana Outfitters’s written consent. Any order that requires modification to Lost Bwana Outfitters’s published specification, and that is subsequently changed or cancelled, is subject to fees including without limitation material costs and labor services be paid for at cost, plus Lost Bwana Outfitters’s standard overhead rate, anticipated profit of Lost Bwana Outfitters, and loss on materials purchased or on contract for the completion of the order. All returned goods must be authorized in advance by an authorized Lost Bwana Outfitters representative and are subject to a 25 % restocking fee.

TAXES: 

Unless specifically stated, prices listed do not include taxes. Any state or local governmental sales, use, excise, property or other taxes, if any, shall be paid or borne by the or reimbursed by the Customer to Lost Bwana Outfitters if paid by Lost Bwana Outfitters. If Customer is exempt from paying sales or use tax, a certificate of evidencing such shall be provided to Lost Bwana Outfitters upon request.

ASSIGNMENT: 

Customer may not assign its rights or obligations under this contract without the prior written consent of Lost Bwana Outfitters. This contract shall be binding upon the parties hereto, their heirs, assigns or successors in interest by merger, operation of law, or by purchase of the entire or substantially all the business of either party, which shall acquire all interest and be subject to all obligations of such party hereunder.

ACKNOWLEDGEMENT: 

Submission of an order pursuant to a quotation by Lost Bwana Outfitters to the Customer acknowledges acceptance by the Customer of the terms and conditions set forth herein and Customer’s agreement that any additional or conflicting terms previously or hereafter proposed by Customer are withdrawn.

WAIVERS: 

A waiver of any breach of any of the provisions of this contract shall not be construed to be a continuing waiver of the breaches of the same or provision hereof.

NOTICES:

 Any notice to Lost Bwana Outfitters required or permitted to be given under this contract shall be sufficient, if in writing, and sent by registered or certified mail, return receipt requested, to the address stated above, attention: Tomacina Zito, President.

ATTORNEY’S FEES: 

Upon the occurrence of any breach of the terms of this contract by Customer, or if an invoice to Customer is not paid when due, or it becomes necessary to enforce or defend these terms and conditions, Customer agrees to pay all costs of the collection, enforcement or defense, including without limitation attorneys’ fees, whether incurred in or out of court, in one or more actions or proceedings, on appeal, in arbitration, in Bankruptcy Court, or in any insolvency proceedings or otherwise.

PENALTIES: 

Lost Bwana Outfitters assumes no liability or liquidated damage clauses of any kind, unless specifically approved in writing by Lost Bwana Outfitters’s authorized representative.

ENFORCEABILITY: 

The invalidity, in whole or part, of any of the foregoing paragraphs shall not affect the remainder of such paragraph or any other paragraph of this contract. Enforcement and interpretation of any provision of this contract shall be governed by the laws of the state of Florida, without resort to its conflict of law rules.

CHOICE OF LAW AND VENUE

The provisions hereof shall be construed under the laws of Florida. Jurisdiction and venue for any action or dispute arising under or related to this contract, the goods contract purchased hereunder, or any dealings between the parties, arising from or related to any of the foregoing, must be commenced in a court of competent jurisdiction located within Palm Beach County, Florida.

WAIVER OF JURY TRIAL: Lost Bwana Outfitters and Customer each hereby waive the right to trial by jury in any action related to or arising from this contract, the goods contract purchased hereunder, or any dealings between the parties, or any acts or course of conduct related to any or all of the foregoing.

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