Terms and Conditions

Awuko Abrasives – USA Terms and Conditions of Sale:

1. The terms of this Invoice constitute a contract for sale between Awuko Abrasives – USA and Buyer (designated on the Invoice), which shall be made in and governed by the laws of the State of Minnesota. Buyer agrees that this invoice shall constitute its entire agreement with Awuko Abrasives – USA.

2. The amount of any present or future sales, use, excise, property or similar taxes, applicable to any goods sold by Awuko Abrasives – USA, shall be added to Awuko Abrasives – USA price, as required, and paid by Buyer, unless Buyer provides Awuko Abrasives – USA with a tax exemption certificate prior to the sale.

3. Buyer will be invoiced usually the day Awuko Abrasives – USA is prepared to ship. If for any reason a change or cancelation is made after the items have been prepared for shipping an additional charge may be invoiced as needed. This includes if a shipment has been rejected by or is undeliverable to the buyer after shipment. We will work with you to make this fair and reasonable and this charge will not exceed 10% of the order. If however, the items have been picked up by the shipping company return freight charges are the responsibility of the Buyer and the Buyer will be invoiced by Awuko Abrasives – USA. This return freight charge will not exceed the shipping companies return charges.

4. If the financial condition of Buyer is not satisfactory to Awuko Abrasives – USA at the time shipment is ready or at any other time, Awuko Abrasives – USA require full or partial payment in advance of shipment (despite any previously arranged special terms that may be in effect). If special terms are negotiated the Buyer agrees to Trade References and Banking Information to Awuko Abrasives – USA prior to the special terms to come into affect.
If Purchaser fails to make any payments when due, then interest shall accrue from the date the payment was due until payment is received in full at the lower of 1.5% per month or the maximum amount allowed by applicable law, Buyer shall pay Seller’s reasonable attorneys’ fees and other costs of collection of any past due amounts and Awuko Abrasives – USA shall also have the right, for credit reasons or Buyer’s default, to recall goods in transit, retake such goods and repossess all goods which may be stored with Awuko Abrasives – USA for Buyer’s account, without the necessity of taking any other proceedings, and Buyer consents that all goods so recalled, retaken or repossessed shall become the absolute property of Awuko Abrasives – USA. In the event that Buyer becomes insolvent before delivery of the goods, Buyer agrees to notify Awuko Abrasives – USA. Failure to notify Awuko Abrasives – USA shall be construed as a reaffirmation of Buyer’s solvency at the time of delivery.

5. Delivery schedules are not guaranteed and Awuko Abrasives – USA will not accept any liability for or pay any penalty of damages, liquidated or otherwise, for delayed shipments. Delivery information is approximate and refers to time of delivery to the carrier. Awuko Abrasives – USA’s ability to meet agreed upon delivery schedules is dependent upon prompt receipt from Buyer of all specifications and any other details essential to the proper execution of Buyer’s order. Should receipt of essential details be delayed, the date of shipment may be extended for a reasonable time.

6. Awuko Abrasives – USA shall not be liable for any loss or damage arising from delays caused by factors beyond our control, such as change in government regulations, acts of God, acts or delays of Buyer, fire, strike, labor trouble, boycott, flood, epidemic, quarantine, war, insurrection, riot, transportation embargo, shortages, severe weather and delayed or improper deliveries of materials by our suppliers. Awuko Abrasives – USA may allocate available merchandise among its customers as Awuko Abrasives – USA may determine or cancel the order without liability for any part thereof not shipped by Awuko Abrasives – USA, upon refunding any advance payments received in respect of the cancelled portion.

7. All merchandise is carefully packed and Awuko Abrasives – USA assumes no responsibility for damage after having received “in good order” receipts from the first carrier upon delivery. All claims for loss, damage and delay in transit are to be transacted by the Buyer directly with the carrier.

8. Claims for shortages, incorrect or defective material must be made in writing and received by Awuko Abrasives – USA within 30 days after Buyer’s receipt of shipment. Failure to give such notice shall be deemed unqualified acceptance and a waiver by Buyer of any claims against Awuko Abrasives – USA. Awuko Abrasives – USA goods are manufactured under careful Quality Control Standards and are warranted to be free from defects in material and workmanship. Awuko Abrasives – USA will replace free of charge all materials shown to its satisfaction to be defective at the time of sale.
Published information and descriptions concerning Awuko Abrasives – USA goods are based upon research, which is believed to be reliable but shall not be deemed part of the basis of the bargain and shall not constitute a warranty. Though we strive to provide reliable product data, there are variables that are beyond our control that can affect the products performance. Accordingly, it is understood that the Buyer will be solely responsible for determining the suitability of the material for any purpose.

• AWUKO ABRASIVES – USA’S LIABILITY UNDER THIS WARRANTY SHALL BE ENTIRELY DISCHARGED BY RELPLACEMENT OF ANY DEFECTIVE MATERIALS IN THE MANNER SET FORTH ABOVE.

• ALL WARRANTIES SHALL BE LIMITED TO THOSE SPECIFICALLY SET FORTH HEREIN AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

• AWUKO ABRASIVES – USA SHALL NOT, UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIOAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE GOODS, EVEN IF AWUKO ABRASIVES – USA HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITIES OF SUCH DAMAGES.

• NO SALESMAN, REPRESENTATIVE OR AGENT OF AWUKO ABRASIVES – USA HAS ANY AUTHORITY TO BIND AWUKO ABRASIVES – USA TO ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY CONTAINED HEREIN.
10. Any action asserting any claim or cause of action arising out of or in connection with this sale shall be brought in the state or federal courts located in Redwood County, Minnesota, and Buyer expressly consents to the jurisdiction and venue of said courts for purposes of any such action.

11. Buyer agrees that it has full knowledge of these Terms and Conditions hereof, and that the same are part of the contract between Buyer and Awuko Abrasives – USA and shall be binding to both parties.