Terms and Conditions

THE PRODUCTS ARE SOLD ON AN “AS IS” BASIS AND NEITHER SELLER NOR ANY PERSON ON SELLER'S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR PERFORMANCE OF THE PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  Seller will not be liable for incidental, consequential, indirect or other special damages, regardless of (a) whether such damages were foreseeable, (b) whether or not the Buyer was advised of the possibility of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.  any other claim in excess of the purchase price for the products in which damages are claimed.

All matters arising out of or relating to the sale of the Products are governed by, and construed in accordance with, the Laws of the State of Ohio, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Ohio.  The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

The State and federal Courts of Cuyahoga County, Ohio will have exclusive jurisdiction to adjudicate any and all disputes arising out of or relating to the sale of the Products.