• 833-833-DOCK
  • sales@dock-tech.com
All Dock-Tech manufactured products are covered by full 1 year manufacturer’s warranty from date of shipment. Warranty includes parts only to repair for manufacturer’s defects or workmanship. Any Dock-Tech product installed by an authorized Dock-Tech Installer will include a full 3-year parts and labor warranty from date of installation to repair for manufacturer’s defects or workmanship. Any modification to the Dock-Tech product in any way or attachment of any non-Dock-Tech accessory will void the balance of the manufacturer’s warranty. 

Seller’s weights are to govern in any dispute or settlement thereof.  The risk of loss from any loss of or damage to the Products, regardless of the cause, shall be the responsibility of Seller until the Products have been delivered to Buyer, at which time such risk of loss is the responsibility of the Buyer.

Buyer shall inspect the Products on delivery to Buyer and, within ten (10) business days after delivery, Buyer must give written notice to Seller of any claim for damages on account of condition, quality or grade of the Products, and Buyer must specify the basis of the claim of Buyer in detail.  The failure of Buyer to comply with these conditions shall constitute irrevocable acceptance of the Products by Buyer subject to warranty paragraph 1 above.

Buyer reaffirms its agreement to the terms of any previously executed Credit Application And Agreement.

No salesman or other agent, other than a principal of Seller, may alter or make changes to this Agreement.  Modifications or changes to this Agreement must be made in writing and signed by the Seller.

All agreements, undertakings, obligations, or liabilities hereunder, made or to be kept and performed by Seller are made and shall be kept and performed subject to and contingent upon strikes, embargoes, fires, accidents, war restrictions, acts of God or other conditions over which Seller has no control, and any inability on Seller’s part to keep, perform, or satisfy the agreements, undertakings, obligations or liabilities, hereunder caused or brought about by reason of any of the foregoing conditions shall, at the option of Seller, render this Agreement null and void and the parties hereto shall have no further rights or obligation hereunder.   Seller shall not be liable for delay in performance or failure to perform when  such  delay  or  failure  is  due  to  unforeseen causes beyond its reasonable control and without its fault or negligence, including but not limited to acts of God or the public enemy, governmental acts of whatever variety, fires, floods, earthquakes, epidemics, quarantine restrictions, labor difficulties, riots, insurrection, freight embargoes, plant breakdown, rail car shortages, and unusually severe weather.

Failure on the part of Seller to deliver or non-conformity of any installment or installments of this contract shall not be considered to substantially impair the value of the whole contract and  shall  not  be  a  breach  of the  entire  contract. Should Seller repudiate this contract or fail to make delivery hereunder, Buyer shall have as its exclusive remedy damages measured by the difference between contract price and the lowest market price of the Products between the time when Buyer learned of Seller’s breach and the time at which replacement goods are purchased by Buyer or judgment against Seller is obtained.

Seller shall not be liable under any circumstances for consequential or incidental damages of whatever kind and amount incurred by Buyer.  Buyer shall be barred from any and all claims or rights based upon the quality of the goods delivered unless within ten (10) days  Buyer  learns of the defect complained of, but in any event within twenty (20) days after receipt of notice of arrival of the Products at destination Buyer sends Seller, at Seller’s office listed on the face hereof, a letter by registered mail clearly specifying the nature of the complaint.  Any action on behalf of Buyer for breach of this contract must be commenced within one (1) year after the cause of action has accrued.

The occurrence of any of the following events shall constitute a default by Buyer and a breach of the entire contract between the parties:

(a) failure by Buyer to perform any of its obligations specified in this contract, including but not limited to the obligations to accept and pay for any installment of Products delivered or to be delivered.

(b) Buyer generally not being able to pay its debts as they become due, Buyer admitting in writing its inability to pay its debts,  Buyer  making  an  assignment  for  the  benefit  of creditors,  the  commencement  of  any  case,  proceeding,  or other action, whether by Buyer or any other person or entity, seeking to have an order for relief entered on its behalf or against it as debtor or to adjudicate it a bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, or dissolution under any law relating to bankruptcy, insolvency, reorganization, or relief of debtors, or seeking appointment of a receiver, trustee, custodian, or other similar official for it or for all or any substantial part of its property.

(c) Buyer becomes “insolvent” as that term is defined by any law  of  any  jurisdiction,  or  Buyer’s  financial  condition  is found to be or becomes unsatisfactory in Seller’s opinion during the term of this contract.

(d) Buyer’s failure to provide any deposits required by this contract.

(e) the commencement of execution process against any property of Buyer or any condemnation, levy, forfeiture, or similar action against the Products which are the subject of the contract or any portion thereof.

(f) default by Buyer under any other contractual undertaking between the parties.

In the event of a default, Seller may cancel this contract and all other contracts covering purchase by Buyer of Seller’s products, whether or not Buyer may otherwise be in default thereunder, and may, if Buyer defaults as to any installment of this contract, declare all subsequently maturing installments due and then cancel the entire contract.  No rights shall accrue to Buyer against Seller on account of any such cancellation, nor shall Seller’s failure to cancel other contracts with Buyer or to accelerate subsequently maturing installments be construed as a waiver of any subsequent default of Buyer. Seller shall have all rights to pursue any remedy allowed by law, supplemented by any relief Seller has retained for itself under this contract in the form of attorney fees and litigation
expenses.  Under no circumstances shall Seller be required to tender all or any portion of the Products which are the subject of this contract in order to qualify Buyer’s event of default as a breach of contract.

Notwithstanding the right of Seller to cancel this contract or demand other adequate assurance of performance by Buyer, Seller may, at any time Buyer’s credit or financial responsibility becomes unsatisfactory in Seller’s opinion, require cash payment in advance of or on delivery.  If this contract calls for delivery beyond fourteen (14) days from the date of the contract, Seller may at any time make demand upon  Buyer  requiring  Buyer  to  provide  a  marginal  cash deposit amounting to 10% of the purchase price which shall be considered as part payment when the Products are delivered, and Seller may demand such further payments from Buyer as may be necessary to maintain a deposit on the contract of 10% of the purchase price plus an amount equal to the difference between the purchase price and the prevailing Seller’s marketing price, if Seller’s market price is below the purchase price, and Buyer agrees to make such deposits so demanded.   Buyer shall provide any deposit requested by Seller within two (2) business days of receipt of such demand.

Seller’s failure to insist on full performance of any item or condition of this contract or Seller’s waiver of any breach hereunder shall not be considered waiver of that term or condition in the future or any other terms, conditions, or rights of Seller under this contract.

This contract shall be construed and enforced under the domestic laws of the Commonwealth of Kentucky, including the Uniform Commercial Code as enacted in Kentucky, but without regard to Kentucky’s conflict of laws rules.  Buyer irrevocably submits to the jurisdiction and venue of a court located in Barren County, Kentucky for all disputes concerning this contract or Products sold under it.   In the event that an action is brought to enforce, or is in anyway related  to,  this  contract  or  Products  purchased thereunder, Buyer irrevocably waives any right it, he, or she may have to a trial by jury.

12.  COSTS
As part of the consideration for Seller entering this contract, Buyer agrees to pay all (100%) legal, court, and agency costs incurred by Seller in enforcing any term or condition of this agreement, including but not limited to Seller’s attorney fees, regardless of whether suit is filed or judgment rendered.

Buyer shall not assign this contract or any right or interest herein, nor may Buyer delegate any duty or obligation hereunder without the express written consent of Seller.

The headings of the several sections of this contract are for convenience only and shall not be considered a part of this contract.

The invalidity or unenforceability of any particular provisions of this contract shall not affect the remaining provisions thereof, and this contract shall be construed in all respects as if such invalid or unenforceable provision had been omitted, however, in any such event Seller shall have the option to cancel any unshipped portion of the Products sold hereunder without any liability.