1. TERMS; ORDER PROCESS. All orders Buyer submits to Loba-Wakol LLC. (“Seller”) to purchase adhesives, finishes and other products of Seller (collectively, “Products”) are subject to these terms and conditions of sale and acceptance by Seller in Charlotte, North Carolina. USA. No purchase order will be of any effect or bind Seller unless and until Seller confirms the order in Charlotte, North Carolina. Seller may require additional verification or information before accepting any order. Buyer’s purchase of Products from Seller will be governed solely by these Terms and Conditions of Sale and the terms in Seller’s invoice and order confirmation (collectively, “Terms”). No term of any purchase order or other document issued by Buyer, other than Buyer’s acceptance of these Terms, will become a part of the agreement between the parties or bind Seller and Seller hereby objects to and rejects any such terms and no such terms shall bind seller. Seller’s sale of the Products to Buyer is expressly conditioned on Buyer’s acceptance of these Terms, and Seller objects to all different and additional terms in Buyer’s purchase order and other documents.
2. PRODUCT AVAILABILITY. Buyer cannot guarantee immediate product availability. If a product is in stock, Seller normally ships within five (5) business days. If the product is not in stock, Seller will notify Buyer with an estimated delivery date and Buyer may rescind the order by giving written notice to Seller within five(5) business days after Seller gives its notification. Seller reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, Seller may, in its discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
3. TAXES AND OTHER CHARGES. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee, or charge of any nature whatsoever imposed by any governmental or non-governmental authority on or measured by any transaction between Seller and Buyer, shall be paid by Buyer in addition to the prices quoted or invoiced. If Buyer claims exemption from any taxes, Buyer is responsible for providing Seller with an exemption certificate or other document acceptable to the authority imposing such tax, fee or charge at the time the order is submitted. In the event Seller shall be required to pay any such tax, fee or charge, Buyer shall reimburse immediately Seller for such amount.
4. PRICES; PAYMENTS. The purchase price for the Products will be specified in Seller’s invoice and will be the list price for the Products in effect at the time Seller accepts the order. Unless otherwise set forth in Seller’s invoice, payment is due immediately upon invoice. Buyer will pay all amounts without set-off. If Buyer fails to pay any amount as and when due, interest shall accrue from the date the payment was due at the lower of one and one-half percent (1 1/2%) per month or the maximum rate allowed by applicable law, until paid in full. Buyer shall also pay or reimburse Seller for all costs and expenses (including reasonable attorneys’ fees) incurred or paid by Seller in collecting amounts due from Buyer or in enforcing Seller’s rights hereunder. For credit card payments, such payment is subject to the approval of the financial institution issuing the credit card and Seller is not liable in any way if such financial institution refuses to accept or honor the credit card for any reason.
5. CANCELLATION. Buyer may request in writing cancellation of an order placed so long as Seller has not shipped the Products. However, orders accepted by Seller for Products with different specifications, including but not limited to custom made Products, may not be cancelled even if the Products have not shipped.
6. DELIVERY. The date on Seller’s invoice is the controlling delivery date; however, all delivery dates are estimates only. Seller shall not be responsible for delay in delivery due to any cause beyond the Seller's reasonable control; and in the event of such delay the delivery schedule shall be extended for time lost by reason of delay. Delivery of, and transfer of risk of loss for, Products shall occur when such Products are delivered from Seller's warehouse to Buyer's carrier or a common carrier unless otherwise agreed upon by Seller in writing. Seller has the option to select a method of transportation and routing of shipment. Seller shall not be responsible for damage or loss in transit and all claims must be made by Buyer directly to the carrier. Claims for shortages or incorrect Products must be made in writing within ten (10) business days after receipt of the shipment by Buyer.
7. ACCEPTANCE; RETURN OF PRODUCTS. All Products are deemed accepted by Buyer if Buyer has not delivered to Seller a written rejection within ten (10) days after delivery of the Products. Products may not be returned to Seller without the prior written authorization of Seller. If Seller authorizes a return, Buyer must pay the shipping costs to return the products. The products must be in original unused condition when received back to Seller. Seller will charge a restocking fee of 25% of the original purchase price on any returned products, unless Seller agrees in writing in advance to waive the restocking fee.
8. LIMITED WARRANTY. Seller warrants to Buyer that, at the time of delivery, the Products will conform to Seller’s published specifications, which may be obtained at www.loba-wkaol.com or www.wakol-usa.com or are available upon request at 1-800-230-6456 (“Limited Warranty”). The Limited Warranty is limited to Buyer only and is non-transferrable. For Products which are floor adhesive products, and are listed in Seller’s current catalog at the time of purchase, Seller also offers an additional limited warranty on those Products, the terms of which are attached or which may be obtained at www.loba-wkaol.com or www.wakol-usa.com or are available upon request at 1-800-230-6456.
9. WARRANTY CLAIMS. Except for the Products covered by the additional warranty discussed in Section 8, any claim relating to the Products must be made by Buyer within 12 months after delivery of the Product by Seller (“Warranty Period”) and in accordance with these claim procedures. If within the Warranty Period, Buyer discovers any problem in the warranted Products that may be covered by the Limited Warranty, Buyer should notify Seller in writing of the alleged defects (at the address noted below). If Seller determines that the Product is covered by the Limited Warranty, then Seller shall, at its sole option and one time only, either repair or replace the non-conforming Product, or refund the purchase price paid for each defective Product. No warranty claims will be processed if received more than thirty (30) days after the Warranty Period.
All warranty claims must be directed to: Loba-Wakol, LLC 9600 B Southern Pine Blvd., Charlotte, N.C. 28273, USA. Telephone: (800) 230-6456 Telefax: (704) 527 5922 email: email@example.com
Included in a claim should be the Buyer’s name, address, telephone number, evidence of date of purchase and a statement of the complaint regarding the Product. Seller or its designated representative, shall have the right to examine the Products. Any removal of the items with which the Products were used, prior to such examination, will void this warranty.
10. EXCLUSIONS AND LIMITATIONS. EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, SELLER MAKES NO REPRESENTATIONS REGARDING THE PRODUCTS, THEIR USE OR PERFORMANCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUYER ACKNOWLEDGES THAT THE REMEDIES PROVIDED IN THE LIMITED WARRANTY ARE IT‘S SOLE AND EXCLUSIVE REMEDIES, AND SELLER’S SOLE OBLIGATION, FOR ANY BREACH OF REPRESENTATION OR WARRANTY, AND IS IN LIEU OF ALL OTHER REMEDIES.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS. In no event will Seller be liable for any amount arising out of or relating to these Terms or the Products, whether in contract, tort, strict liability or otherwise, in excess of the purchase price of the Products at issue. Any action or proceeding by Buyer arising out of or relating to these Terms or the Products will be forever barred unless it is commenced within the earlier of: (a) one year after the claim or cause of action has accrued; or (b) the period prescribed by applicable statute of limitation or repose. These Terms contain Buyer’s sole and exclusive remedies relating to these Terms, a breach of these Terms, or the Products, regardless of the theory of recovery.
12. GENERAL. Any failure by Seller to exercise any of its rights under these Terms shall not be construed as a waiver of those rights. Buyer may not assign to any person or entity all or a portion of its rights or obligations under these Terms or any order without Seller’s prior written consent, and any attempted assignment without that consent will be void. Seller reserves the right to correct clerical and typographical errors in any document. These Terms and any controversy relating to them or the Products are governed by the laws of the State of North Carolina, USA, excluding its conflicts of law principles. The United Nations Convention on the International Sale of Goods is expressly excluded and will not apply. Any action or proceeding arising out of or relating to these Terms or the Products will be commenced and heard only in the North Carolina state courts or the United States District Court for the Western District of North Carolina. These Terms contain the entire agreement of the parties relating to the Products and the transaction between Buyer and Seller, and supersede all previous and contemporaneous agreements, understandings, usages of trade, and courses of dealing, whether written or oral. These Terms may be modified only by a written agreement, signed by both parties, expressly modifying these Terms.
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