NO GUARANTEES REGARDING OUTSIDE PRE-ARRANGED DISCOUNT STRUCTURES
Buylink Corporation does not guarantee your previous discount structures will apply to this purchase order. Furthermore, Buylink Corporation has made no previous arrangements with the Vendor regarding discounted purchases with the Retailer. If the Vendor does not accept this purchase order due to a discount they do not wish to honor, Buylink cannot be held responsible for any resulting actions between Vendor and Retailer.
BUYLINK RECOMMENDS SELLER DUE DILIGENCE BEFORE EXTENDING CREDIT TO BUYER
Due to the large number of participant Buyers, Buylink Corporation does not, and makes no claim either expressly or otherwise, to guarantee, verify, or otherwise testify to creditworthiness or payment of buyer participants. By shipping products from any purchase order provided by Buylink Corporation, Seller agrees to hold harmless Buylink Corporation from any and all damages whatsoever.
MERCHANTABILITY AND FITNESS OF PRODUCTS
Buylink Corporation does not, and makes no claim either expressly or otherwise, to guarantee, verify, or otherwise testify to the merchantability or fitness of any and all products featured on the Buylink Website. By placing a purchase order through the Buylink Website, Buyer agrees to hold harmless Buylink Corporation from any and all damages whatsoever.
INDEMNITY
Buyer and Seller shall indemnify, defend, and hold harmless Buylink Corporation and their employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Buylink Corporation or a Supplier may sustain or incur arising from (a) the Buyers use of the Products purchased hereunder, (b) the Buyers failure to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the Products, or (c) the Buyers breach of any of its obligations set forth in these Terms or in the Agreement.
ACCURACY OF INFORMATION
Buylink Corporation does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the "Service"), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. Buylink Corporation reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.
LIMITATION OF LIABILITY
IN NO EVENT WILL BUYLINK BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE BUYLINK OR ANY 'INFORMATION', REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY 'INFORMATION'.
GENERAL PROVISIONS
These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of California, U.S.A., without regard to provisions on the conflicts of laws. Buyer and Seller and Buylink Corporation consent to the exclusive jurisdiction of, and venue in, the state and federal courts of San Mateo County, California, U.S.A. Buyer and Seller shall not assign its order or any interest therein or any rights thereunder without the prior written consent of Buylink Corporation. These Terms constitute the entire agreement between Buylink Corporation and Buyer and Seller and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the Buyer and Seller and Buylink Corporation with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Seller and Buylink Corporation. The failure by Buylink Corporation to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.