Terms and Conditions
Marina Accessories, Inc. (hereinafter MAI) and Customer agree to the following terms and conditions:
PAYMENT TERMS: In accordance with MAI’s purchase order. Method of payment to be approved by MAI’s credit department prior to start of production. Interest will be charged on past due accounts at 18% per annum, or at the highest non-usurious commercial rate allowable by state law or provided by state statute, whichever is less. If MAI is required to employ an attorney to collect any amount due as a result of the default of Customer, the Customer shall pay all costs of collection, including reasonable attorney’s fees and court cost.
BACKCHARGES: Back charges for correct work performed by Customer or his representative will not be honored without MAI’s prior written acceptance. MAI at all times retains the right to perform corrective work on its own behalf.
APPLICABLE LAWS: The laws of the state of Washington shall govern the validity, interpretation, and enforcement of this Proposal, and any contract resulting there from. This situs for any arbitration or venue for any litigation arising out of this agreement shall be Whatcom County, Washington. The prevailing party to any dispute under this Proposal shall be awarded responsible attorney’s fees and costs.
ENTIRE CONTRACT: When accepted by Customer, this Purchase Order shall constitute the entire agreement between parties. Its terms shall be controlling in the event same are inconsistent with any plans, specifications, bid invitation, purchase order, subcontract, or other instrument furnished by Customer. Acceptance of any offer made by MAI is expressly limited to the exact terms contained in this proposal and any attempt to alter or omit any of such terms shall be deemed an acceptance of the offer, except that any altered or omitted terms shall not be binding on MAI unless MIA has specifically agreed to such altered terms in writing.
WARRANTY: MAI assigns to Customer, without resource, warranties from manufacturer covering defects in workmanship and materials in accordance with its terms. MAI’s sole liability will be to facilitate the repair of defects in materials and workmanship in accordance with the terms and conditions of said warranty, and its liability is strictly limited thereby.
All international orders are final and non-refundable.