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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the PGL International entity named on the invoice ("PGL") that will be provided to you ("Customer") on orders for products sold in the United States and abroad. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PGL IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PGL STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in PGL's sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PGL.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA OR ANY STATE OF PGL'S CHOOSING IN WHICH PGL DOES BUSINESS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within PGL's sole discretion, and unless otherwise agreed to by PGL payment must be received by PGL prior to PGL's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by PGL. Invoices are due and payable within the time period noted on the the invoice, measured from the date of the invoice. PGL may invoice parts of an order separately. Orders are not binding upon PGL until accepted by PGL. Any quotations given by PGL will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on PGL's invoice(s). Unless Customer provides PGL with a valid and correct tax exemption certificate applicable to the product ship-to location prior to PGL's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for PGL's franchise taxes and taxes on PGL's net income. If applicable, a separate charge for taxes will be shown on PGL's invoice.
5. Title; Risk of Loss. Title to products passes from PGL to Customer on shipment from PGL's facility. Loss or damage that occurs during shipping by a carrier selected by PGL is PGL's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. PGL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PART
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