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TRANSACTION:
All allenrailroad.com Catalog transactions are completed between the buyer and the seller. The buyer orders products from seller of choice, seller invoices buyer direct.
 
TERMS AND CONDITIONS:
These terms and conditions apply to transactions between buyers and sellers conducted on allenrailroad.com, except to the extent, and then only to the extent, that the description of a particular item or group of items provides otherwise. 
 
WARRANTIES:
Seller warrants that all goods and services sold hereunder will be free of any claim of any nature by a third person, that Seller will convey clear title there to Purchaser and that the goods and services will conform in all material respects to the descriptions thereof contained in Seller’s product and service listing on Allen Railroad Consulting.
 
COMPLIANCE WITH LAWS:
Seller and Purchaser each respectively represent and warrant that in connection with performance under this agreement they will, and as to the Seller, the goods and services provided hereunder will, comply with all applicable laws, rules and regulations.
 
DISPUTE RESOLUTION:
Any controversy or claim arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
 
MISCELLANEOUS:
No extra charges of any kind will be allowed unless specifically agreed to in writing by Purchaser.  The validity, performance, and all other matters relating to the interpretation and effect of this agreement shall be governed by the internal substantive law of the State of Indiana, without regard to conflict of law principles.  No claim or right arising out of a breach of this agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.  The failure of a party to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision.  This agreement can be modified or rescinded only by a writing signed by both of the parties.   This agreement, with such documents as are expressly incorporated herein by reference, is intended by the parties as a final expression of their agreement with respect to such terms as are included herein, and is intended also as a complete and exclusive statement of the terms of their agreement.   No course of prior dealings between the parties and no usage of the trade shall be relevant to determine the meaning of this agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection.  In the event that any provision in this agreement is determined to be legally invalid or unenforceable by any court of competent jurisdiction, and cannot be modified to be enforceable, the affected provisions shall be stricken, and the remaining terms of the agreement and its enforceability shall remain unaffected.
                                                                                                                                                                       
             Seller                                                  Purchaser
 
This agreement is for use by purchasers and sellers of goods and services where such transaction is facilitated by use of the allenrailroad.com Catalog.  Allen Railroad Consulting is not a party to or otherwise involved with or responsible for any such transactions in any manner whatsoever.

 

 
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