Feel Good Forever LLC
Terms and Conditions of Quotation and Sale
The Terms and Conditions stated below apply to all quotations and resulting sales orders for the products and services provided by FEEL GOOD FOREVER LLC. Any modifications or additions to these terms and conditxions must be agreed to in writing by FEEL GOOD FOREVER LLC.
- QUOTATION VALIDITY: All quoted prices, other charges and lead times are valid for a period of thirty (30) days from the date of quotation. Extension of this validity period will be considered when requested.
- CREDIT TERMS: FEEL GOOD FOREVER LLC reserve the right to review the credit history of the Buyer prior to order acceptance. COD. Terms may apply and will be so stated on the face of the quotation. All invoices are due and payable within thirty (30) days from the date of the invoice.
- TAXES: All prices will be quoted, all orders accepted all invoices presented, will be exclusive of all federal, state and local excise, sales, value added and similar taxes.
4. DELIVERY: Delivery of products by FEEL GOOD FOREVER LLC will be within the quoted lead time shown on the quotation, or to the delivery date acknowledged by FEEL GOOD FOREVER LLC. Deliveries based on monthly releases against the Buyers purchase order are subject to review, acceptance or mutually negotiated schedules, FEEL GOOD FOREVER LLC shall Use its best endeavor to meet agreed delivery dates but shall not be held liable for non compliance due to uncontrollable conditions.
5. METHODS OF SHIPMENTS: All shipments are F.O.B. St. Petersburg, Florida, USA. The method of shipment is the Buyers option and so stated in the Buyers purchase order. If no method of shipment is stated by the Buyer, FEEL GOOD FOREVER LLC will choose a method that insures safe, undamaged, timely delivery of the product.
6. WARRANTY: FEEL GOOD FOREVER LLC warrants that the product delivered to the Buyer will substantially conform to the specifications furnished by the buyer (and acknowledged by FEEL GOOD FOREVER LLC at the time of order acceptance) and will be free of defects in materials and workmanship. The warranty period will be forty-live (45) days from the date of the products invoice / shipment. During that forty-five (45) day period, it is the Buyers obligation to inspect, accept or reject the product. Notice of rejection must be submitted to FEEL GOOD FOREVER LLC, who (at its option) can authorize the return of the product for inspection, repair, remanufacture or credit without replacement. FEEL GOOD FOREVER LLC reserves the right to request samples of the rejected product for inspection and evaluation. If product is returned and subsequently found by FEEL GOOD FOREVER LLC to be compliant with acknowledged specifications, the product will he reshipped and payment will be due per the original invoice or if a debit was prepared by the Buyer, will be re-invoiced for immediate payment. Any and all returns must be authorized by FEEL GOOD FOREVER LLC issuing a return material authorization number (RMA): Returned product not referencing a RMA number can not be accepted by FEEL GOOD FOREVER LLC receiving department.
Other than as set forth above, there are no express or implied warranties, including those of merchantability or fitness for a particular purpose, nor any product sold hereunder. whether such product is used alone or in combination with any other material.
7. LIMITATION OF LIABILITY: A) FEEL GOOD FOREVER LLC liability on any claim for loss of damage arising out of an order or sales contract shall not exceed the total value stated on FEEL GOOD FOREVER LLC’s Invoice. Buyer’s exclusive and sole remedy on account or in respect of the furnishing of non-conforming goods shall be to secure repair or replacement thereof as aforesaid. Seller shall not in any event be liable for the cost of any labor expended on any such goods or for any special, direct, indirect, incidental or consequential damages to anyone by reason of the fact that such goods do not conform to this Sales Order. B) If FEEL GOOD FOREVER LLC furnished technical or other advice to the Buyer, whether or not at Buyers request, with respect to processing, further manufacture, other use or resale of goods. FEEL GOOD FOREVER LLC shall not he liable for, and the Buyer assumes all risk of such advice and the results thereof.
8. PATENTS. COPYRIGHT AND TRADEMARK INDEMNITY: FEEL GOOD FOREVER LLC assumes no consequential or other liability and the Buyer agrees to indemnify and hold FEEL GOOD FOREVER LLC harmless against any and all liability expenses, losses and/or damages caused by infringement of any patent, copyright or trademark.
9. CHANGES: Any changes to the product specifications, purchase order, pricing, delivery schedule and other specific terms in the original quotation and/or acknowledged order are subject to the review and acceptance of FEEL GOOD FOREVER LLC . Changes which alter the original scope of the work to be performed and which have any cost impact must be mutually negotiated, accepted in writing, reflected in a revised purchase order before implementation of the change(s).
10. COMPLIANCE WITH LAWS: The rights and obligations of FEEL GOOD FOREVER LLC and the Buyer with respect to FEEL GOOD FOREVER LLC’s quotation and the resulting Buyers contract shall be governed by the laws of the State of Florida, USA and any applicable United States of America Federal law or statute. For any disputes arising out of this Sales Order, the parties hereby submit to the jurisdiction of the State of Florida, and agree that the state courts located in Pinellas County, Florida, and the Federal courts located in Tampa, Florida, will serve as the sole forum for purposes of any suit, action or other proceeding. In the event of any litigation arising out of this Sales Order, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney’s fees, in all matters of collection and enforcement.
11. TERMINATION: Any order may be terminated by the Buyer upon not less than forty-five (45) days prior written notice to FEEL GOOD FOREVER LLC , subject to the following conditions:
(A) Buyer will accept delivery of, and pay for, all products which are completely manufactured as of the effective date of termination.
(B) FEEL GOOD FOREVER LLC will advise the Buyer in writing as to the Buyers liability for work-in-process material and labor costs actually incurred plus a reasonable profit. Once advised, the buyer shall cooperate to negotiate acceptance and effect payment for any and all of these costs. Additionally, if “Tooling” costs are to be included in termination charges, costs will be derived as per paragraph 10(B) herein.
(C) If mutual agreement cannot be reached as to the results of termination, FEEL GOOD FOREVER LLC reserves the right to remedy the matter in the courts per paragraph 10 herein.
12. ASSIGNMENT: Buyer shall not (by operation of law or otherwise) assign its rights or delegate its performance hereunder without prior written consent of FEEL GOOD FOREVER LLC and any attempted assignment or delegation without this written consent shall be void.
13. NOTICE: All notices and communication required or permitted to be given to FEEL GOOD FOREVER LLC shall be in writing and shall be given by registered or certified mail, postage and fees prepaid and sent to the address on the front of the quotation or order acknowledgement.
14. BUYER’S DEFAULT: Upon the happening of any one or more of the following events:
(A) Buyer’s default in the payment of any sum due to FEEL GOOD FOREVER LLC hereunder.
(B) Buyer’s default in the performance of any other provision of these terms and conditions for a period of more than ten (10) days after delivery of written notice of such defaults to Buyer by FEEL GOOD FOREVER LLC .
Then FEEL GOOD FOREVER LLC, at its option, may exercise one or more of the following options:
(1) Withhold delivery of any goods which are subject of the order or sales contract.
(2) Stop delivery of goods in the possession of a carrier or other parties and cancel the order or sales contract.
Exercise any and all rights and privileges that FEEL GOOD FOREVER LLC may have under the laws of either the State of Florida or the United States of America, or both.
All of the above and none other, constitute the entire terms and conditions of quotation and sale of FEEL GOOD FOREVER LLC .