SERVICE CHARGES ON UNPAID BALANCES: Big Geyser Inc. reserves the right to charge service charges on unpaid balances of 45 days or more from the date of delivery of the Goods (as defined below), in an amount to be determined from time to time by Big Geyser Inc., which amount shall not exceed the maximum amount allowed by law. Interest shall also accrue on all unpaid balances of 45 days or more at a rate equal to the lesser of 1½% per month or the maximum monthly rate allowed by law. All invoice terms of sale are due based on the date of delivery, regardless of the date of the invoice or statement. Big Geyser Inc. shall send periodic statement reflecting balances due. Failure to object to same within 10 days of receipt shall be deemed an admission by You of the accuracy thereof.
RETURNS: No credits for returns or damaged Goods will be given without a pick up receipt signed by an authorized employee of Big Geyser Inc. Provided You did not cause damage to the Goods, returns will be accepted at the discretion of Big Geyser Inc., but no returns will be accepted after 90 days from date of purchase. If You meet such conditions, Big Geyser Inc. shall in its sole discretion, (i) replace such damaged Goods with undamaged Goods, or (ii) credit or refund the price paid by You for such damaged Goods. You acknowledge and agree that remedies set forth in this Section 2 are Your exclusive remedies for the delivery of damaged Goods. Except as provided for under this Section 2, all sales of Goods to You are made on a one-way basis and You have no right to return Goods purchased under this Agreement.
LEGAL FEES AND EXPENSES: In the event You default in payments required hereunder, You shall, in addition to all other rights and remedies of Big Geyser, Inc. be obligated to pay Big Geyser Inc.’s reasonable legal fees and other expenses relating to the collection of default payments. This Agreement is to be construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. Any action to enforce this Agreement shall only be maintained in the appropriate court sitting in the State of New York, and in the County of Suffolk, Nassau or Queens, and both parties hereby agree to said jurisdiction.
DEPOSITED CHECKS: If You pay by check, Big Geyser Inc. may convert the check into an electronic funds transfer, or deposit it, immediately via remote deposit capture. You will not receive Your original check back. We will destroy it when the deposit has successfully cleared your bank. A copy may be available from Your bank for a reasonable period thereafter. The debit from Your account will usually occur within 24 hours, and will be shown on Your regular bank account statement.
BOUNCED CHECKS: In the event that a check paid by You is returned by Your bank for any reason, Big Geyser Inc. will re-deposit the check. You agree to pay any additional fees or expenses charged to Big Geyser Inc., resulting or arising from Your bank returning Your check.
PURCHASE MONEY SECURITY INTEREST: As collateral security for the payment of the purchase price of the Goods, You hereby grant to Big Geyser Inc. a lien on and security interest in and to all of your right, title and interest of You in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the New York Uniform Commercial Code.
LIMITATION OF LIABILITY: IN NO EVENT SHALL BIG GEYSER INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL BIG GEYSER INC.’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER.
WARRANTY: BIG GEYSER INC. MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY OF THE GOODS, INCLUDING ANY (a) WARRANTY OF MERCHANT ABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.