All information provided in Better Tools’ Website is provided for information purposes only and does not constitute a legal contract between Better Tools and any person or entity unless otherwise specified. Information on the Better Tools website is subject to change without prior notice. Although every reasonable effort is made to present current and accurate information, Better Tools makes no guarantees of any kind.
The Better Tools site may contain information that is created and maintained by a variety of sources both internal and external to the business. In no event shall Better Tools or American Cutting Edge be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
Graphic Use Policy
All designs, illustrations, and content herein [known collectively as artwork] are the sole property of Better Tools and American Cutting Edge as made by their designer(s). You may not use any artwork for use in personal or commercial projects, or for display without permission from Better Tools. Better Tools and/or the creator is entitled for compensation as due for commercial use.
Better Tools obtains all copyrights to its artwork. Such use otherwise for profit or allowing another name as the creator is an infringement of copyright law.
GENERAL TERMS AND CONDITIONS OF SALE
The following terms and conditions apply to all negotiations, quotations, orders, acceptance, sales and deliveries. No terms and conditions or other understanding, oral or written, in any way purporting to vary these terms and conditions, whether contained in buyer’s forms or elsewhere, shall be binding on Better Tools, unless in writing and signed by an officer of Better Tools or American Cutting Edge, a division of CB Manufacturing.
Warranties and Buyer’s Exclusive Remedies
We warrant that the goods manufactured by Better Tools shall be MERCHANTABLE, that is, they are made of first class materials and workmanship in conformance with standard practice in the trade, that may meet the description of the product on the face of our quotations, sales orders, and invoices and are fit for the ordinary purposes for which such goods are used.
EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE OF OUR QUOTATION, SALES ORDER, OR INVOICE.
We guarantee six (6) months from date of shipment to replace or, at our option, to repair any product or parts thereof which are found defective in materials or workmanship or which otherwise fail to conform to the contract description or to any warranty, express or implied, or, at our further option, to repay the purchase price, all provided the original part is returned to Centerville, Ohio, or the original shipping point, and inspection establishes the claim. This guarantee will be null and void if any alterations are performed without prior consent of Better Tools.
BUYER’S REMEDIES with respect to any product sold by us shall be LIMITED EXCLUSIVELY to the right to replacement or repair f.o.b. Centerville, Ohio, or refund, as above provided in no event shall we be liable for consequential or special damages of any nature which may arise in connection with such product.
Compliance with Occupational Safety and Health Act
Because of recency and uncertainty in the application of the federal regulations, seller cannot warrant that the goods meet all requirements of the Occupational Safety and Health Act. Where possible, seller will modify the goods at purchaser’s specific request at prices then in effect.
Quotations and Prices
Written quotations automatically expire thirty (30) calendar days from the date issued, and are subject to termination by notice within the period. Unless otherwise stated, however prices are subject to change without advance notice and the product will be invoiced at the price prevailing at time of shipment. All prices are f.o.b. Better Tools, LLC, Centerville, Ohio, or quoted F.O.B. point.
All shipments are made at the buyer’s risk. The method and route of shipment are at our discretion, unless the buyer supplies explicit instructions. Notice of non-delivery, loss, or damage in transit must be given by the buyer to Better Tools within (30) days after receipt by the buyer of applicable invoices to enable any necessary claims against the carrier to be filed.
Shipping dates are approximate and are based upon prompt receipt of all necessary information from the buyer. Better Tools shall not be liable (or delay due to causes beyond reasonable control such as acts of GOD, act of buyer, acts of civil or military authority, priorities, government regulations, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation and inability due to causes beyond its reasonable control to obtain the necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of delay. If the shipment or any other act or condition affecting payment for the goods, or any part thereof, shall be delayed on account of the buyer, payment therefore shall become due as if shipment had been made in case of delay in shipment at the instance of the buyer, a reasonable storage charge shall be made, and such storage will be at the risk of the buyer.
We reserve the right to over-ship/under-ship 20%.
Settlement for each invoice shall be made in accordance with the terms of payment specified on the face of our quotation, sales order, and invoice and is to be paid in full within thirty (30) days of the day of invoice or as otherwise specified in writing. If there are several deliveries hereunder prorate payments shall become due as shipments are made. If, in the opinion of Better Tools, the financial condition of the buyer at any time does not justify the continuance of production of shipment on the terms f payment specified, Better Tools may require full or partial payments in advance.
Sales and Similar Taxes
Unless otherwise stated, Better Tools prices do not include sales, use, excise or similar taxes.
Consequently, in addition to the prices specified, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of the items described shall be paid by the buyer or, in lieu thereof, the buyer shall provide Better Tools with a tax exemption certificate acceptable to the taxing authorities.
Better Tools shall have a security interest in the goods and in any and all additions and accessions thereto, replacements thereof and proceeds thereof (all being hereinafter sometimes referred to as the “collateral”) as security for the buyer’s obligation to pay the purchase price (which term, shall include an applicable finance charge) of the goods as and when the same shall become due and payable; and notwithstanding the manner of its annexation to realty, goods shall remain personal property. The buyer will at the request of Better Tools execute such financing statement pursuant to the Uniform Commercial Code as Better Tools may declare the unpaid balance of the purchase price to be immediately due and payable and shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the state in which the collateral is located, including the right to enter upon the premises where the collateral is located and repossess and remove the collateral of, alternatively, to require the buyer to assemble the collateral and make it available to Better Tools, at a place to be designated by the latter which is reasonably convenient to both parties. Better Tools will give the buyer reasonable notice of the time and place of any public sale of the collateral is to be made. The requirements of such reasonable notice shall be met if such notice is mailed, postage prepaid, to the buyer at least seven days before the time of the sale or other disposition. The buyer agrees to pay any legal expenses (including reasonable attorney’s fees) incurred by Better Tools in enforcing its rights against the buyer or with respect to the collateral following a default by the buyer, and also agrees that its obligation to pay such expenses shall be included in the obligation secured by the collateral.
An order once placed with and accepted by Better Tools can be cancelled only with our written consent signed by an officer of the company, and upon terms that will indemnify Better Tools against loss.
In no case are goods to be returned without first obtaining our permission in writing signed by an authorized employee of Better Tools goods must be securely packed, to reach us without damage.
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration rules. Any formal arbitration shall take place in Montgomery County, Ohio, USA.
Better Tools will comply with all applicable federal, state and local laws. Any PROVISIONS OF BUYER’S ORDER which are in any way inconsistent with or in addition to our name and conditions or sale (except additional provisions specifying quantity, character of the items ordered, and shipping instructions) SHALL NOT BE BINDING on Better Tools, and shall not be considered applicable to the transaction in question. No additional to or modifications of any of the provisions upon the face of our quotations in order forms shall be binding unless made in writing and signed by an officer of the company. This agreement, terms and conditions of sale shall be deemed to have been formed in Ohio, and shall be construed to the laws of the State of Ohio.