CENTER BALANCE MANUFACTURING

General Terms and Conditions -- Page 2 of 2

Information, Policies, Terms, Discounts

Freight Claims	All merchandise is packed carefully for shipment and, therefore, BalanceWorks is not responsible for damages suffered in transit once it has been accepted by the carrier. Should the customer discover damages or loss in shipment, the customer shall be responsible for contacting the carrier immediately and filing a claim. BalanceWorks will be glad to assist the customer in every possible way in settling claims for damages or loss, but we are not responsible for the collection of claims or replacement of merchandise.
Express Service	Ask us about our Express Services available at an extra charge.
Warranty	BalanceWorks warrants that products sold shall be free from defects in material and workmanship. BalanceWorks hereby excludes any warranty of merchantability or fitness for any particular purpose and any warranty which might otherwise arise from the course of dealing between the parties thereto or from any usage of trade.
Guarantee	One year unconditional guarantee, normal wear & tear notwithstanding.
Taxes	Taxes applicable to goods sold shall be added to the purchase price and paid by customer unless customer provides BalanceWorks with a tax exemption certificate acceptable to the appropriate taxing authorities.
Liability	BalanceWorks shall not be liable for any loss or damage resulting from inability to deliver goods on account of fire, labor disputes, accidents, acts of civil or military authority or from any other cause beyond BalanceWorks control.
Late Payments	Late payments void all discounts. A service charge of 1.5% per month will be applied from date of invoice if full payment is not received within 30 days.
Attorney’s Fees	If customer’s account with BalanceWorks is placed in the hands of an attorney for collection, whether or not suit is filed, the customer shall reimburse BalanceWorks for its reasonable attorney fees as well as other costs of collection and/or litigation expenses. Any collection lawsuit by BalanceWorks against the customer may be brought in Rutland County, Vermont.
Security Interest	The customer grants to BalanceWorks a security interest in all goods purchased by the customer and all accounts receivable arising from the resale by the customer of the goods purchased, and agrees to execute and deliver such documents, including without limitation, Uniform Commercial Code financing statements and pay any filing or recoding fees or taxes in connection therewith, and do such other acts, as BalanceWorks may reasonably require, to evidence and/or perfect such security interest.
Governing Law	Customer accounts with BalanceWorks and all transactions and any disputes between the customer and BalanceWorks shall be governed by and/or construed under laws of the State of Vermont, U.S.A.

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