Notwithstanding any other terms or conditions, these terms and conditions apply to all orders of products and services from Suncast Corporation (“Suncast”) by any reseller and any other business or commercial entity.
Payment Terms. Except to the extent otherwise specifically agreed in writing by Suncast, invoices must be paid within thirty (30) days of the date of invoice.
Allowances and Rebates. Any allowance or rebate of any kind must be specifically agreed to in writing by Suncast, and must be redeemed or otherwise claimed and realized within one (1) year of the date of the Suncast invoice for the purchase or other transaction giving rise to the allowance or rebate. All allowances and rebates are null and void more than one (1) year after the date of the Suncast invoice for the purchase or other transaction giving rise to the allowance or rebate.
Penalties and Fines. In no event will Suncast be subject to any penalties or fines arising from or relating to any purchase or other transaction.
Force Majeure. In no event will Suncast be liable for default or delay in any shipment, delivery, purchase or other order fulfillment by Suncast caused directly or indirectly by accident, pandemic, epidemic, disease, fire, flood, riot, war, embargo, acts of terrorism, government order or regulation, power failure, military action or inaction, labor disturbances, raw material shortages, insurrection, civil unrest, acts of God, or complete or partial shutdown of operations by any of the foregoing causes or by like or dissimilar cause beyond the reasonable control of Suncast. In the event of any said causes, Suncast may modify its product or service pricing upon prior written notice to you, but in the event of such pricing modification, you may cancel that portion of your order affected by such pricing modification.
Limitation of Liability. In no event will Suncast be liable in contract, in tort (including without limitation negligence), strict liability or otherwise for any incidental, consequential, special, indirect, punitive or consequential damages whatsoever including, but not limited to, fines, penalties, audits, loss of profits or revenue, loss of data, loss of use of equipment, loss of business or goodwill. cost of capital, cost of temporary equipment, overtime, business interruption, spoilage of goods, claims of customer or other economic or non-economic harm, however caused and under whatever theory of liability arising from or relating to any purchase or other transaction, even if advised of the possibility of such damages. In no event will Suncast’s total liability arising from or relating to a purchase or other transaction exceed the amount actually paid to Suncast for the purchase or other transaction.
Applicability. By signing these terms and conditions, placing an electronic order with Suncast or otherwise ordering any products or services from Suncast, you agree to these terms and conditions, you agree that they shall govern in the event of an inconsistencies with any other terms and conditions and you agree that Suncast’s acceptance of any order is made only with the express understanding that these terms and conditions shall govern in the event of any inconsistencies with any other terms or conditions, regardless of the form of or what those other terms and conditions may state, including without limitation any purchase order, contract, master agreement or any other terms and conditions.
These terms and conditions constitute the entire agreement between the parties regarding their subject matter, and may not be modified except by mutual written agreement of the parties that specifically references these terms and conditions.