1. GENERAL PROVISIONS
Prices are F.O.B. from the manufacturers in Piedmont, Italy, and do not include any manufacturer’s excise tax, sales tax or other tax or duty of any nature whatsoever applicable to the sale or delivery of the merchandise ordered. Any transportation and insurance applicable to the merchandise shipped to Buyer shall be paid for by Buyer or repaid to Little Big Racing Services if advanced by it. In the event Little Big Racing Services is required to pay any foreign tax or duty as a condition of delivering ordered merchandise to Buyer, Buyer shall provide Little Big Racing Services at the time the order is submitted with an exemption certificate or other similar document acceptable to taxing or customs authorities or shall repay Little Big Racing Services for any such tax or duty paid by Little Big Racing Services, promptly upon being invoiced therefore.
Unless otherwise specified in the purchase order, Little Big Racing Services shall have the right to deliver all of the goods at one time or in portions from time to time. Title to all items shall remain within Little Big Racing Services for security purposes as conditional vendor until the purchase price thereof has been paid in full. Little Big Racing Services shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of Buyer’s default or defaults, to withhold shipments, in whole or in part, and to recall goods in transit, retake same, and repossess all goods which may be stored with Little Big Racing Services for Buyer’s account, without the necessity of taking any other proceedings, and Buyer consents that all the merchandise so recalled, retaken, or repossessed shall become the absolute property of Little Big Racing Services, provided that Buyer is given full credit therefore. The foregoing shall not be construed as limiting, in any manner, any of the rights or remedies available to Little Big Racing Services, LLC because of any default of Buyer.
Shipping dates are approximate and unless otherwise specified by Buyer, shipment will be by means deemed most appropriate by Little Big Racing Services. Irrespective of who selects the carrier and who initially pays the cost of transportation, risk of loss or damage to the merchandise passes to Buyer upon delivery to the carrier.
Products will be packaged in accordance with standard commercial practices for domestic shipment unless otherwise specified by Buyer. All claims for loss or damage must be made by Buyer to the carrier, but Little Big Racing Services will assist insofar as practical in securing satisfactory adjustment of such claim.
Buyer shall inspect the merchandise promptly upon receipt. Failure to so inspect within thirty days after receipt shall constitute a waiver of Buyer’s right to inspection and shall constitute acceptance of the merchandise. Buyer shall have the opportunity, at the time and place of inspection, to run adequate tests to determine whether the merchandise tendered conforms to specifications. Use of a portion of the merchandise for the purpose of testing shall not constitute acceptance. Notice of any defects, damages, failure to meet specifications or of any shortage in merchandise delivered to Little Big Racing Services by Buyer must be given in writing to Little Big Racing Services within five days of inspection by Buyer. Failure to give such notice within the prescribed period shall constitute acceptance of the merchandise. If merchandise which does not fully conform to the specifications of the purchase order as accepted by Little Big Racing Services, is rejected by Buyer, Little Big Racing Services shall have the right to cure any such defect by shipping conforming merchandise to Buyer within a reasonable time.
Little Big Racing Services cannot warrant that all merchandise delivered are free from defects in material and workmanship. If in the event that an error exists in a listing, Little Big Racing Services sole obligation shall be to replace (at Little Big Racing Services option any expense) all misrepresented merchandise or refund the Buyer’s purchase amount upon the return of the product. Little Big Racing Services warranty shall not be applicable to any merchandise which has not been properly installed or has been subject to misuse, or in the case of new items, has been used.