Sabre Updates, Inc. · 13921 Hwy 105 W. #121, Conroe, TX 77304 · 832-277-8840. These Terms and Conditions of Sale apply to all Contracts for the sale of goods by Sabre Updates to Buyer, except contracts for custom designed mirrors and related equipment, devices, and software.
Sabre Updates: 13921 Hwy 105 W. #121, Conroe, TX 77304. Buyer is the legal entity whose order for goods is accepted by Sabre Updates or that accepts delivery of the goods. Contract is an agreement for the sale of goods by Sabre Updates to Buyer, formed when Buyer places an order pursuant to Sabre Updates' Quotation and Sabre Updates notifies Buyer of its acceptance.
Except for contracts involving custom designed mirrors and related equipment, devices, and software, these Terms and Conditions of Sale apply to all Contracts between Sabre Updates and Buyer, and are exclusive of and override any terms on Buyer's purchase order.
Sabre Updates sells and Buyer purchases the goods described in Sabre Updates' written Quotation as accepted by Buyer, or any Buyer order accepted by Sabre Updates, subject to these Terms.
Sabre Updates' written Quotation may be withdrawn or revoked without notice, and an order is not binding on Sabre Updates until accepted in writing.
Goods are as described in Sabre Updates' written Quotation. Sabre Updates is not responsible for typographical or clerical errors, and all stated dimensions are approximate and within industry standards.
No different or additional terms are acceptable unless agreed in writing and signed by Sabre Updates. These Terms are exclusive of, and override, any terms on Buyer's purchase order, and apply to all Sabre Updates Quotations unless stated otherwise.
Buyer is responsible for all applicable federal, state, and local taxes, penalties, and interest on the goods, and for disputing any such tax directly with the taxing authority.
Goods are produced per best commercial practices. Quotations supporting a government prime contract will apply only the commercial terms defined in FAR 52.212-15.
Delivery is Ex Works; title and risk of loss pass to Buyer when goods are delivered to Buyer at Sabre Updates' loading dock. Absent a specified shipping method, Sabre Updates selects the carrier at its discretion. All shipping costs, insurance, customs, duties, and taxes are Buyer's responsibility.
Buyer must inspect goods promptly on receipt and notify Sabre Updates in writing of any claim, including breach of warranty, within ten (10) days of receipt. Failure to do so waives any claim of defect and constitutes conclusive proof the goods were received without defect.
Payments are due in U.S. dollars. Late installment payments (more than 5 days) permit Sabre Updates to suspend performance. Payments overdue more than thirty (30) days from invoice entitle Sabre Updates to cancel the Contract or suspend deliveries, and to charge 18% per annum interest on the unpaid amount.
Buyer grants Sabre Updates a first and senior purchase money security interest in the goods sold, under the Uniform Commercial Code, and acknowledges Sabre Updates may record a UCC-1 Financing Statement to perfect that interest.
If Buyer fails to take delivery or provide delivery instructions, Sabre Updates may store the goods at Buyer's cost and invoice Buyer for costs incurred as a result of the delay.
Sabre Updates is not liable for delay or failure to perform due to causes beyond its reasonable control (acts of God, war, government action, import/export regulation, strikes, and similar events). Either party may terminate if such suspension exceeds six (6) months.
Buyer may not cancel a Contract except by written agreement indemnifying Sabre Updates for all resulting loss, cost, and expense, including attorney's fees.
Sabre Updates warrants goods will be fit for their intended purpose, merchantable, and free of material defect in workmanship and materials for three (3) months from delivery. Claims must be received within that period and are subject to inspection at Buyer's expense. Ordinary wear and tear is not covered; misuse, improper handling, or negligent treatment voids the warranty. Sabre Updates covers return shipping only when a defect is confirmed.
Buyer is solely responsible for the manner of use of the goods, including all user safety warnings and labeling, and indemnifies Sabre Updates against related third-party claims unless Sabre Updates is the sole cause.
Sabre Updates is not liable for indirect, incidental, consequential, punitive, or special damages. If found liable, Sabre Updates' aggregate liability will not exceed the amount actually paid by Buyer for the defective goods.
No intellectual property rights are granted to Buyer. Buyer must keep all Sabre Updates software, drawings, and technical data confidential, use it only for the Contract's purpose, and may share it with subcontractors or customers only under equivalent confidentiality obligations. These obligations survive completion or termination of the Contract and, where enforceable, apply without limit in time or territory.
A Contract may not be assigned by Buyer without Sabre Updates' prior written consent.
Absent other agreement, rights and liabilities are governed by the Uniform Commercial Code as enacted in Texas. English is the sole contract language. These Terms and any Contract are governed by Texas law, with any dispute filed exclusively in the courts of Montgomery County, Texas.
If any provision is held invalid or unenforceable, that invalidity applies only to that provision, and all remaining provisions continue in full force and effect.
