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Terms And Conditions :

-- NYBCO Terms and Conditions of Sale --
These Terms and Conditions are subject to change without prior written notice at any time, at NYBCO's sole discretion.

Buyer agrees to be bound by and accept these Terms and Conditions as the sole agreement applicable to Buyer's purchase of product(s) from NYBCO. By accepting delivery of the product(s) described on NYBCO's invoice, Buyer agrees to be bound by and accepts these Terms and Conditions.

Definitions. "Buyer" means the entity or person that accepts these Terms and Conditions. "NYBCO" means NYBCO, a Utah company, having principal place of business at 237 N. 1210 W., St. George, Utah 84770, U.S.A.

Payment. Payment must be made via wire transfer or valid credit card.

Pricing and Returns. All sales are final. Prices for each product are as listed on the order form or as provided by NYBCO on its invoice. NYBCO reserves the right to change pricing at any time.

Shipping Charges; Taxes. For orders shipped within the U.S., the appropriate shipping charges will apply. Applicable sales tax will be stated on NYBCO invoices for shipments within Utah.

Delivery. NYBCO will ship via FedEx or other express carrier. NYBCO will not be liable for delays in delivery.

Not For Resale. Buyer agrees and represents that it is buying for its own use only, and not for resale.

Warranty. ALL MATERIALS, WORK PRODUCT, AND DELIVERABLES PROVIDED BY NYBCO TO BUYER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NYBCO FURTHER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Liability. IN NO EVENT WILL NYBCO BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS ORDER, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NYBCO'S TOTAL LIABILITY TO BUYER UNDER THIS AGREEMENT WILL BE LIMITED TO THE MONEY RECEIVED FROM BUYER UNDER THIS AGREEMENT.

Copyright. NYBCO owns the copyright on products purchased by Buyer. This copyright is protected by international law. Buyer may not, without prior written permission from NYBCO, reproduce the product or any information contained within it, in whole or in part in any form, nor translate the product into any language.

Export. Buyer will not transfer NYBCO's products to any other country. Buyer will not export or re-export, directly or indirectly, NYBCO's products.

Governing Law; Severability. These Terms and Conditions shall be construed in accordance with the laws of the State of Utah, without regard to conflicts of laws. Any actions arising hereunder shall be adjudicated before a court of competent jurisdiction located in Washington County, Utah, and the prevailing party shall be entitled to its costs and fees (including reasonable attorneys' fees). If any provision of these Terms and Conditions is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect.

Entire Agreement. These Terms and Conditions constitute the complete and exclusive understanding and agreement of the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof. Any waiver, modification or amendment of any provision of these Terms and Conditions will be effective only if in writing and signed by the parties hereto. Any terms and conditions on Buyer's purchase order which are in addition to or inconsistent with these Terms and Conditions will be deemed stricken from such Purchase Order.

Acceptance; Authority. By submitting the Order Form which states that Buyer has read and understood these Terms and Conditions, Buyer agrees that Buyer has read, understands and agrees to abide by these Terms and Conditions, and Buyer represents and warrants that Buyer has full power and authority to enter into this legally binding contract.

I have read and agree to the above Terms and Conditions

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