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By purchasing the products or services itemized on this invoice, a contract has been entered into by you (Buyer)
with Microdesign Inc. (Seller). The following are terms of the contract. If these terms are not agreed to, return the
product unopened immediately. By retaining and/or opening the product and/or accepting services, these terms are
agreed to by seller and buyer:
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Products may only be returned within 15 days of receipt by purchaser by agreement of Seller.
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THE SELLER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO DESCRIPTION, QUALITY,
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PRODUCTIVENESS, OR ANY OTHER
MATTER, OF ANY GOODS WHICH THE SELLER SHALL SUPPLY. THE SELLER SHALL BE IN NO WAY
RESPONSIBLE FOR THEIR PROPER USE AND SERVICE, AND THE BUYER HEREBY WAIVES ALL RIGHTS
OF REFUSAL AND RETURN OF GOODS.
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Method and route of shipment are at Seller’s discretion, unless the Buyer supplies explicit instructions.
All shipments are insured at the Buyer’s expense and made at the Buyer’s risk and all shipping charges will be
added to Buyer’s bill.
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Seller shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on
account of fire, labor troubles, accident, act of civil or military authorities, or from any other cause beyond Seller’s
control.
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The venue for any legal action concerning the product or services listed herein, concerning payment for
any product or service listed herein, concerning claims of defect of the product listed herein and/or any and all other
claims between the parties which arise wholly, or partially, from this sale shall be in DADE County, Florida.
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In any legal action between the parties to this contract which concerns, wholly or in part, the products or
services listed in this invoice, the parties agree that jury trial is waived, and that all such actions shall be tried
non-jury.
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Seller retains a security interest and ownership interest in all of the product listed herein until all of the
products are fully paid for. Until full payment is made to seller, buyer shall not and may not pledge, encumber or
assign any interest in the product.
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If any litigation results from this sale, the prevailing party shall receive attorneys fees from the nonprevailing
party. The definition of “prevailing party” shall be that used by trial courts in DADE County, Florida.
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All returned checks shall be assessed a fee of $25.00, or such larger fee as Florida law allows.
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All unpaid invoices shall bear interest in favor of seller at the rate of 18% per year, or at the maximum
interest rate allowed by Florida law.
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