Seller refers to the party to whom the order for purchase has been given.
Client refers to the person or organization placing the order.
Goods or services refers to the product for which the seller has placed an order with the client.
The terms and conditions are valid for any goods or services provided by the Seller to the Client.
The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfill the stated estimates.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
All fees are exclusive of value added taxes which will be added to invoices where appropriate.
In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the materials it supplies to the Client (or which may be received from the Client).
Usage of Goods or Services
Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use the materials provided by Wilburs Barkery, LLC.
Both parties shall maintain strict confidence and shall not disclose to any third party any information relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
Limitation of Liability
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.