Orders will be initiated by Customer issuing a purchase order to western world company . Orders must identify the Products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to western world company acceptance. western world company reserves the right to limit quantities and to refuse to deal with any person.
Orders are billed at the prices (in United States dollars) in effect at the time of shipment. The catalog reflects the latest pricing information available at the time of printing, which is subject to change without notice. Non-standard Products will be sold at the prices set out in the relevant quotation supplied by western world company . If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee. Prices for any rescheduled deliveries may be increased by Allied in the event of an increase in western world company prices or costs or causes beyond western world company reasonable control.
Prices do not include federal, state and local sale, use, excise and similar taxes that apply to Products, which Customer will also pay at the applicable rate.
Limitation of Liabilities
Customer shall not be entitled to, and allied shall not be liable for, loss of profit, promotional or manufacturing expenses, overheads, business interruption costs, loss of data, removal or reinstallation costs, injury to reputation or loss of customers, punitive damages, ipr infringement, loss of contracts or orders or any direct, indirect, special, incidental or consequential damages of any nature. Customer’s recovery from allied for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise. Other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law, the term of any implied warranties that cannot be disclaimed are limited as set out in section 23 (dispute resolution and limitation on actions) hereof.
Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you but in any event shall apply to the maximum extent allowed by law.
If for any reason the foregoing limitations are found by an arbitration panel or court of competent jurisdiction to be invalid or inapplicable under any applicable law, customer agrees that allied’s total liablitly for all damages, losses or causes of action of any kind or nature shall be limited to actual damages without regard to any punitive or exemplary damages provided by any such applicable law.
These Terms and Conditions set out the sole and entire agreement between Western world company and Customer with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. Customer and Allied each acknowledges that in entering into this Agreement it has not relied on any representation or undertaking, whether oral or in writing, save such as are expressly incorporated herein. The Terms and Conditions may not be modified or cancelled without Western world company written agreement. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The provisions set out in these Terms and Conditions are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Texas, other than the conflicts of laws principles thereof, and subject to the jurisdiction of Fort Worth, Texas courts.