SHIPMENT TERMS: All orders will be shipped F.O.B shipping Point. Champion will use the best way with freight prepaid. Any changes due to special configurations, such as lift-gates, upgraded packaging, etc., will be additional charges applied to order.
CUSTOMER PICK UPS: Champion does allow for pick-ups at our Hood River location, our customers are responsible for all carriers set up and scheduling. We will require a 24 hour notice from the carrier when notice of pick up date is determined. If customer does not pick up order in timely manner, we reserve the right to deliver on carrier of our choosing.
LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES: Seller warrants to Buyer that, at the time of delivery, the Products comply with the specifications stated in Buyer's purchase order. Buyer must make claims for breach of warranty in writing within one year of the date of delivery and within 10 days after discovery of breach. Buyer's failure to make such claim within such time frames shall constitute Buyer's irrevocable acceptance of the Products and Buyer's acknowledgment that the Products fully comply with this Agreement. Seller shall, at its option, either replace at its expense any Products proved to Seller's reasonable satisfaction to be in breach of this section or refund to Buyer any of the purchase price received by Seller for such Products. Such warranty shall not apply in cases of damage in transit, negligence, abuse, failure to follow Seller's instructions, improper storage, accident, misuse, neglect or alteration by any party other than Seller or by physical environment. SELLER'S AGGREGATE LIABILITY WITH RESPECT TO THIS AGREEMENT SHALL BE LIMITED AND SHALL IN NO EVENT EXCEED THE PURCHASE PRICE RECEIVED BY SELLER FOR THE DEFECTIVE PRODUCTS. SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER WRITTEN, ORAL, STATUTORY, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF SALE, OR FOR LIABILITY ON THE BASIS OF NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SELLER SHALL HAVE BEEN ADVISED IN ADVANCE OF THE LIKELIHOOD THEREOF.
FORCE MAJEURE: Neither party shall be in default here under by reason of any failure or delay in the performance of any obligation under this Agreement where such failure or delay arises out of any cause beyond the reasonable control and without the fault or negligence of such party. Such causes shall include, without limitation, storms, floods, other acts of nature, fires, explosions, riots, war or civil disturbance, strikes or other labor unrest, embargoes and other governmental actions or regulations that would prohibit a party from ordering or furnishing Products or performing any other aspects of the obligations here under. This section shall not apply to Buyer's payment obligations here under.
TERMINATION: Seller may, upon written notice to Buyer, immediately terminate this Agreement and any further obligations to make shipments hereunder if Buyer fails to comply with the terms of this Agreement including (without limitation) in the event that Buyer becomes insolvent or bankrupt, is more than 45 days delinquent in payments to Seller, or fails to sign this Agreement within 30 days of the date of this Agreement. Buyer may not cancel or modify this Agreement except upon terms accepted in writing by Seller. If Buyer cancels or modifies this Agreement, Buyer shall compensate Seller for all costs and damages resulting there from, including (without limitation) lost profits, allowable overhead, commodity market losses and all other incidental and consequential damages.
PRODUCT RETURNS: Buyer may not return Products except upon terms accepted in writing by Seller.
DAMAGE SHIPMENTS: Customer is responsible for all damage after receipt of product at either their distribution center or the end use customer. Visible damage should be noted on freight bill and is endorse by the signature of the driver from the freight carrier. Any visible damage (shredded shrink wrap, bent corner guards, etc.) must be noted on the carriers Bill of Lading form along with a signature. If there is visible damage to the product upon arrival, the Buyer is instructed to refuse delivery of the damaged product. The damaged product, still in its original packaging, will be returned to Seller for inspection. Failure by the Buyer to make any claim against the company within five (3) days of receipt of the product shall constitute acceptance of the products and a waiver of product damage or shortages.
TITLE AND RISK OF LOSS: INSURANCE: Title to Products shall transfer from Seller to Buyer upon shipment, but Seller shall retain a security interest in the Products until Buyer has fulfilled all of its obligations under the Terms and Conditions, including making payment in full to Seller for Products and services here under. Buyer shall maintain insurance covering the Products against loss by fire, theft or any hazard in an amount equal to the purchase price of the Products from the time of shipment until Buyer has made payment in full to Seller for all Products and Services.