Terms & Conditions

Price

 

The prices of the products and services provided by Centennial Bolt, Inc. (“Company”) are those

prices specified on the front of the invoice. Pricing for undelivered products may be increased in the event

of an increase in Company’s cost, change in market conditions or any other causes beyond Company’s

reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or

as otherwise stated in the quotation. Additionally, if customer retains a balance in excess of 30 days,

Company may, in its sole discretion, impose interest at the rate of 1.5% per month on the outstanding

amount owed.

 

Delivery & Title

 

Title and risk of loss pass to the customer upon delivery to the carrier. Company’s delivery dates

are estimates only and Company is not liable for delays in delivery or for failure to perform due to causes

beyond the reasonable control of Company, nor shall the carrier be deemed an agent of Company. A

delayed delivery of any part of an order does not entitle customer to cancel other deliveries.

 

Returns

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Only products originally shipped from Company or from an authorized supplier will be

considered for return to or exchange with Company. By a customer requesting return or exchange

of products with Company, the customer certifies that the products were purchased from

Company and there has been no substitution of the product from another supplier, distributor or

other source of the product, and that such returned or exchanged products are in their original

packaging. Returns must be in the original packaging and in unused condition except if approved

for failure analysis by a Company representative. Customer must provide notice of its desire to

return or exchange any products obtained from Company within ten (10) days after receipt of

such products from Company. Customer waives its right to such return or exchange if customer

fails to provide such notice to Company within such ten (10) day period. Specialty items ordered will

incur a restocking fee expressed by Vendor's return policy.

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No Warranties

Please note, Company does not make specific recommendations concerning which of its goods

are suitable for particular jobs or purposes. It is up to you the customer to determine your own specific

requirements for each lot or job. COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED,

THAT THE GOODS ARE MERCHANTABLE OF IT FOR ANY PARTICULAR PURPOSE. THE

COMPANY GIVES NO WARRANTY EXPRESSED OR IMPLIED AS TO DESCRIPTION,

QUALITY, MERCHANTABILITY FITNESS FOR ANY PARTICULAR PURPOSE,

PRODUCTIVENESS, INSTALLATION OR ANY OTHER MANNER OF ANY GOODS HEREIN

SOLD. BY PURCHASING GOODS FROM CENTENNIAL BOLT, INC. YOU, THE CUSTOMER,

ACKNOWLEDGE THAT YOU ARE NOT RELYING ON CENTENNIAL BOLT, INC.’S SKILL OR

JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE

AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON

THE FACE HEREOF. THAT THERE ARE NO WARRANTIES ARISING FROM ANY TRADE

CUSTOM USAGE OR COURSE OF DEALINGS BETWEEN THE PARTIES, COMPANY DOES

NOT ASSUME, NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR COMPANY ANY

LIABILITY IN CONNECTION WITH THE SALE OR USE OF THE GOODS HEREIN SOLD. THE

CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS WERE MADE TO IT OR

RELIED UPON BY IT WITH RESPECT TO THE QUALITY, FUNCTION OR USE OF THE GOODS

HEREIN SOLD AND FURTHER ACKNOWLEDGES THAT THE LIMIT OF COMPANY’S

LIABILITY UPON ANY EXPRESS WARRANTY MADE TO THE CUSTOMER BY THE

COMPANY SHALL BE LIMITED TO THE ACTUAL PURCHASE PRICE PAID BY THE

CUSTOMER FOR THE GOODS HEREIN SOLD. CENTENNIAL BOLT, INC. SHALL IN NO

CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

Limitation of Liability

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Company’s liability to customer is limited to customer’s direct damages up to an amount not

exceeding the price of the product at issue. Company is not liable for, and customer is not entitled to any

indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data,

loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of

customers). To the extent Company cannot lawfully disclaim any implied or statutory warranties,

customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend

and hold Company harmless from any claims based on (a) customer’s compliance with Company’s

designs, specifications, or instructions, (b) modifications of any products by anyone other than Company,

or (c) use in combination with other products.

Indemnification

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The customer agrees to indemnify and hold harmless Company and its affiliates and each such

parties’ owners, officers, directors, employees, and agents from any direct or indirect claims, demands

causes of action, suits, judgments, loss, harm, damage, penalty, liability and the like, which may be

attributable, in any manner, to any such product or service provided by Company.

Miscellaneous

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These terms and conditions shall be governed, construed, and enforced by the laws and courts of

the State of Colorado. The State of Colorado shall have jurisdiction over all controversies arising out of,

or relating to, these terms and conditions.

In the event of default by customer, including without limitation, failure by customer to make

required payments to Company or any breach by customer of these terms or any agreement entered into

with Company, Company shall be entitled to costs, fees, and expenses, including but not limited to

recovery of attorney fees, court costs and fees, and collections costs. Additionally, in the event of

any dispute between the parties concerning these terms and conditions, the party prevailing in such

dispute shall be entitled to collect from the other party all costs incurred in such

dispute, including reasonable attorneys’ fees.