CONDITIONAL SALE. Title to the property covered by this invoice shall remain and be the property of Seller until fully paid for by the Buyer. In case of default, Seller reserves the right to retake possession with or without notice and with or without force. Buyer is responsible for depreciation due to use, and for loss or damage to or by the property while the same is in Buyer’s possession. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
ARBITRATION. Any controversy or claim arising out of or relating to this contract shall be settled by arbitration in New Jersey in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court justification thereof.
ATTORNEY’S FEES. In the event any legal action is required to enforce any portion of this contract the prevailing party shall be entitled to receive his court cost and reasonable attorney’s fees in such action.
REASONABLE DELAY. Seller shall be excused for delays in performance caused by acts of God, acts of War, strikes or labor disputes, shortages of material or transportation, government rules or regulations, or other matters beyond the Seller’s reasonable control.
RETURNS. Goods returned without Seller’s permission in writing may be refused for credit or exchange. Upon inspection of returned item a restocking fee may be applied.
All claims must be made within five days after receipt of goods.