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Terms and Conditions


GENERAL TERMS AND CONDITIONS OF INTERNET SALE 

Our acceptance of your order is expressly made conditional on your assent to these terms and conditions.  EDGE MANUFACTURING, INC. d/b/a SawBladeExpress objects to and rejects as material alterations the provisions of any acknowledgment, order, acceptance, or other document that are inconsistent with or in addition to the terms of this Sales Order. 

1. TAXES AND FEES:

The prices stated herein do not include any sales, use, or other taxes unless so stated specifically.  Such taxes will be added to invoice prices in those instances in which Edge is required to collect them from Buyer.  Buyer shall also pay any collection fees and reasonable attorney's fees incurred by Edge in collecting payment of the purchase price and any other amounts for which Buyer may be liable under the terms and conditions hereof. 

2. LIMITED WARRANTY: 

Edge warrants all Edge-manufactured or Edge-supplied products to be free from defects in materials and manufacture, provided: (a) Not more than one year has elapsed from date of shipment from our facility; (b) The product was properly stored and maintained during any period of disuse.  This is a limited warranty and the remedy it offers is repair or replacement of the failed product, at Edge's election.  The product offered in substitution may be identical, repaired, modified or improved.  Edge may at its election require that the product be sent, at the customer's expense, to our facility for inspection before we will replace or repair it.  If Edge determines that the failure or damage was the result of a defect in materials or manufacture, Edge will refund the shipping cost.  The X-TRA EDGE CUTLERY SHARPENER is covered exclusively by its own limited warranty that accompanies the product.  EDGE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Correction of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Edge to Buyer, whether based on contract, tort, or otherwise arising from this sale.   In no event shall Edge be liable for loss of use, loss of profits, business interruption or other consequential, indirect, special, incidental or punitive damages, however they may be caused.  Rights under this limited warranty are not assignable. 

3. SHIPMENT/PAYMENT: 

Unless otherwise specified by Edge, (1) all prices are F.O.B. Edge's factory or warehouse from which shipment is made (cost of freight not included), and title and risk of loss will pass to Buyer when the item(s) is delivered to the carrier; (2) payment terms will be net/cash in advance. 

4. ACCEPTANCE AND PERFORMANCE:

Orders are subject to acceptance by Edge only at Edge's offices as provided in this Sales Order.  Edge's fulfillment of orders and performance of agreements are contingent upon and subject to force majeure.  Edge shall promptly notify Buyer of the happening of any such contingency and of the contemplated effect thereof on the manufacture and delivery of the products.  Upon elimination or cessation of any such happening or contingency, the obligation of Edge shall be reinstated. 

5. INSPECTION AND ACCEPTANCE: 

Upon receipt of products, Buyer shall have five (5) business days in which to inspect. Buyer may reject any products not meeting contract requirements by giving notice to Edge and holding the products for disposition by Edge.  Products used or not timely rejected shall be deemed accepted.  Destructive tests of the products by Buyer to determine acceptability shall be permitted only by written agreement between Edge and Buyer.  After acceptance, disposition of defective products shall be subject to Edge’s warranty. 

6. ENTIRE AGREEMENT/MODIFICATIONS/MISCELLANEOUS: 

This Sales Order, with any drawings, specifications, or other data attached to any quotation furnished by Edge, embodies the entire agreement between Edge and Buyer and supersedes any and all prior oral or written agreements or quotations with respect to the items ordered.   No waiver or modification of any of the provisions hereof shall be binding upon Edge unless in writing and signed by an authorized Edge representative. Neither party may assign any of its rights hereunder without the prior written consent of the other.  Edge shall at all times retain title to any specifications, drawings, plans, notes, instructions, engineering notices, or technical data furnished to Buyer, and Buyer shall not disclose such information to any party other than Edge or a party duly authorized by Edge. 

7. CONTROLLING LAW: 

This transaction shall be governed by, and this contract shall be construed and enforced in accordance with, the internal laws of the state of Missouri.  If any provision, clause, or part, or the application thereof, is held invalid, the remainder of this contract or the application of such provision, clause, or part under other circumstances, shall not be affected thereby. 

8. DISPUTES: 

Any dispute, controversy, or claim relating to this contract ("Dispute") will be resolved first through good faith negotiations between us.  If the parties are unable to resolve the Dispute, either party may submit the Dispute for resolution by mediation.  The mediation shall be conducted in metropolitan St. Louis, MO.    Each party shall bear its own costs of the mediation effort.  If the Dispute cannot be resolved through mediation, either party may commence an action to resolve the Dispute in, but only in, a court of competent jurisdiction in Jefferson County, Missouri or the United States District Court, Eastern District of Missouri,  it being agreed that the parties submit to the jurisdiction of such court.  The parties expressly waive and forgo any right to trial by jury.