1.     APPLICABILITY

The terms and conditions contained herein and in other locations on this website shall apply to the sale of all items offered here, and the fact of your purchase means that you accept our terms and conditions. Any terms and conditions contained in any customer purchase order will not apply unless expressly agreed by us in writing.

2.     GENERAL DISCLAIMER OF WARRANTY AND LIABILITY

Unless otherwise stated, the only warranties applying to goods sold are those specifically provided by the manufacturer to be honored by the manufacturer, and subject to the manufacturer’s warranty terms. As sellers we make no warranty, either express or implied, of performance, merchantability, quality, workmanship, durability, suitability or non-infringement. Our liability shall be limited only to the repair or replacement of defective items or parts, or at our sole option, to a refund of the purchase price. This warranty shall be exclusive and in lieu of any and all other warranties, whether written or oral, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. In no event shall we be liable for any incidental, special, indirect, punitive, lost profits or consequential damages of any nature whatsoever.

3.     FORCE MAJEURE

Kaufman Company, Inc. will not be liable for any delay in, or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, or any other reason beyond our reasonable control which delays or creates an inability for us to perform or deliver in the conduct of our business.

4.   GOVERNING LAW

The sale of goods herein shall be governed by the laws of the Commonwealth of Massachusetts, and jurisdiction over any disputes shall be granted exclusively to courts or forums of said Commonwealth.

5.     INTELLECTUAL PROPERTY

Customer will have no right, title, or interest in the trade names, trademarks, service marks, copyrights, patents, domain names, product names or any other intellectual property rights owned or reserved by Kaufman Company, Inc., or any trademarks or service marks owned by suppliers to Kaufman Company, Inc.

6.   SEVERABILITY AND COMPLETE AGREEMENT

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such term or condition will be severed from these terms and conditions and the remainder will be valid and fully enforceable as written. The terms and conditions contained in our forms, acknowledgements, quotations, invoices, websites, or catalogs are incorporated herein by reference and constitute the entire and exclusive agreement between customer and Kaufman Company, Inc.