Terms & Conditions of Sale – Customer/USA
By doing business with the Unique Sales Agency (USA), you the customer are agreeing by law to these terms and conditions of sale.
1.0 T&C Defaults to Manufacturers terms
Unique Sales Agency (USA) is a factory direct manufacturers sales representative selling directly from the manufacturer to you the customer. We do not take ownership of any products and are not re-selling anything to you. Because of this all standard terms & conditions of sale default to each individual manufacturer we represent with exception to points 2.0 & 3.0. Each manufacturer has their own specific terms & conditions of sale that are provided on their website, so please review in detail prior to ordering. USA is a pass-through organization in this respect when it comes to liability and any legal matters should be taken up solely by the manufacturer of the product.
2.0 Hold Harmless – Indemnity
Because USA is simply representing the manufacturer and is not actually manufacturing or taking ownership of the product or service you are purchasing, you agree to a binding “Hold Harmless” contract and agree not to name USA in any litigation, for any reason to the fullest extent of the law. Again, To the fullest extent permitted by law, You the Customer will indemnify and hold harmless USA, their officers, directors, partners, representatives, agents, and employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses, including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner from injury and/or death of person or damage to or loss of any property resulting from the acts, omissions, breach or default of you the customer, its officers, directors, agents, employees and subcontractors, in connection with the performance of any work by or for you the customer, pursuant to any contract Purchase Order and/or related Proceed Order, except these claims, suits, liens, judgments, damages, losses and expenses caused by the negligence of USA. You the customer will defend and bear all costs of defending any actions or proceeding brought against USA, their officers, directors, agents, and employees, arising in whole or in part our of any such acts, omission, breach or default. The foregoing indemnity shall include injury, death or disability of any employee of you the customer, and shall not be limited in any way by an amount or type of damage, compensation, or benefits payable under any applicable workers compensation, disability benefits or other similar employees benefit act. By entering into any business relationship with USA whether initiated by USA or initiated by You the Customer, this Hold Harmless Contract is binding.
3.0 Correction of Errors
USA reserves the right to correct any clerical error made in the preparation of orders, acknowledgments, or invoices for our manufacturer. Corrections shall be considered as binding amendments to the original contract of sale.