1. All goods are subject to inspection upon delivery. All claims for shortages in quantity, defect in quality, or mis-description of goods delivered under this invoice, shall be made in writing within five days after arrival at destination and Scrub ‘n Run LLC shall have a reasonable opportunity to verify such claims before goods under dispute are used or returned. If verified, Scrub ‘n Run’s liability shall be exclusively limited to replacement of the goods and reasonable incidental handling charges. Failure to comply with this provision shall invalidate any claim by Buyer and Buyer shall be deemed to have accepted the goods and waived all claims as to shortages in quantity, defects in quality, or mis-description of goods delivered under the invoice.
2. Scrub ‘n Run shall not be liable for any injury, loss, or damage, special, direct or consequential, arising out of delayed delivery, short shipment or the inability to use the subject goods. Before using, Buyer shall determine the description of the goods conforms to its invoice and suitability of the goods, its intended use, and Buyer assumes all risk and liability whatsoever in connection therewith.
3. Scrub ‘n Run is not responsible for conditions or delays beyond its control, such as, but not limited to, delays due to strikes, fires, severe weather, or delays of carriers.
4. Buyer agrees that it did not rely upon and will not rely upon any representations, warranties, or agreements made by any of Scrub ‘n Run’s representatives. Buyer agrees and acknowledges that Scrub ‘n Run did not authorize any representations, warranties or agreements made by any of Scrub ‘n Run’s representatives.