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Mexi-Land, Inc. Sale and Purchase Agreement (Non-Customized Orders)

This is a sale and purchase agreement (“Sales Agreement”) between Mexi-Land, Inc. (hereinafter “Seller”) and buyer identified below at the signature page (hereinafter “Buyer”). Each party shall be referred to as “Party” and collectively they shall be referred to as “Parties”.

  1. CONSIDERATION: In consideration for the sales of goods Buyer, Buyer accepts the full terms and conditions of this Sales Agreement.
  2. TERM CHANGES: Unless otherwise expressly changed by an officer of the Seller in confirmation documents, packing slip, bill of lading, and/or invoice, this Sales Agreement and/ or on the Seller’s Website (see below) contain the terms of the dealings between the Parties now and until Seller’ officer agrees to change it in writing.
  3. F.O.B.: Prices and selling terms of all products are F.O.B. Mexi-Land, Inc. warehouse City of Industry, CA, or Laredo, TX. Unless otherwise noted by authorized officer of Seller in writing, Buyer assumes all risks as to the products from the F.O.B. point and Buyer is responsible for all shipping charges.
  4. AUTHORIZATION TO CHANGE: Sales personnel and independent sales representatives of Seller are not authorized to bind Seller to any agreement outside of the terms mentioned in this Sales Agreement.
  5. LIEN BY SELLER: Seller, at Seller’s sole choice, may retain a lien on the products sold until Buyer makes full payment to Seller.
  6. CLAIMS: All claims for damage, short shipment, etc. must be made, in writing, within three (3) calendar days after the receipt of goods.
  7. RETURNS: All returns are subject to prior written approval by Seller. Buyer must request a Credit Request Form from Seller and then obtain a Return Authorization (“RA”) number. Buyer is responsible for all return shipping charges. No returns will be accepted without a filled-out Credit Request Form and an RA number. Custom orders are not returnable.
  8. RESALE ONLY: All products shipped are for resale purpose only.
  9. ATTORNEY FEES: Should litigation be required to enforce any of the terms of this sale, the prevailing party is entitled to reasonable attorney’s fees and costs associated with litigation and pre-litigation matters.
  10. REMEDY: THE PARTIES AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR NONCONFORMING GOODS SHALL BE REPLACEMENT OF DEFECTIVE GOODS OR, REFUND OF THE PURCHASE PRICE TO BUYER AT SELLER’S SOLE OPTION. The parties acknowledge that the price of Seller’s products would be much greater if Seller undertook more extensive liability.
  11. VENUE AND LAWS: This sale is subject to the laws of the State of California and any claims made by either party must be filed in Los Angeles Superior Court in Los Angeles, California. Buyer expressly waive any right to venue selection.
  12. ASSIGNMENT: Seller retains the right to assign payment for the products to anyone it chooses to as long as this assignment is in writing and provided to Buyer.
  13. INVALIDITY: If one or more of the Terms and Conditions of this Sales Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining Terms and Conditions shall remain in full effect.
  14. RULE OF CONSTRUCTION: The parties agree that each party has reviewed this Sales Agreement and have had an opportunity to propose revisions or corrections. It is agreed that any rule of construction, to the effect that ambiguities are to be resolved against the drafting party, shall not apply in any interpretation of this Sales Agreement.
  15. WAIVER: The Parties failure to enforce any Term or Condition of this Sales Agreement shall not be deemed a waiver of the Term or Condition.
  16. INTEREST: All unpaid balance(s) are subject to a ten percent (10%) per annum interest charge from the date payment is due.
  17. ENTIRE AGREEMENT: This Sales Agreement contains the entire agreement between the parties hereto with respect to the matters covered hereby, and supersedes all prior agreements (if any), written or oral between the parties. No agreement, amendment, statement, and/or promises made Seller not contained herein or in writing signed by Seller’s officer shall be binding or valid on Seller. This Sales Agreement can only be changed in writing by authorized officer of Seller. Sales personnel, independent sales representative, brokers, etc. are NOT authorized to change this Sale Agreement.
  18. WEBSITE: Please visit Sellers website site at www.Mexi-Land.com for the full and latest shipping and sales terms and conditions.