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Terms and Conditions of Sale These terms and conditions of sale (‘Terms and Conditions’) apply to all sales of products all referred to as (‘Products’) by Towcert.com to you (‘Customer’).
Customer will be deemed to have accepted the Terms and Conditions by completing the checkout process. Towcert.com’s acceptance of Customer’s order is conditional upon Customer’s acceptance of the Terms and Conditions.
These Terms and Conditions will be construed in accordance with the laws of the State of New York, other than conflicts of law. The failure of either party to insist upon strict performance of any of the provisions of the Terms and Conditions will not be deemed a waiver of any breach or default. Each of the parties represents that it has the authority to enter into and sign these Terms and Conditions. Any notice given to either party will be in writing and effective by transmission via facsimile and regular mail to the addresses indicated in the Credit Application or as advised in writing by the party. Towcert.com will be entitled to receive all costs, including attorneys fees and costs, incurred as a result of enforcement of any provision hereof or collection of any sum due from Customer. If any provision of these Terms and Conditions are unenforceable as a matter of law, all other provisions will remain in effect. Customer may not assign these Terms and Conditions without prior written approval from Towcert.com. Towcert.com will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences. These Terms and Conditions constitute the entire agreement between the parties as to the Sale of Products and supersede all prior or current written or oral statements, representations, negotiations, agreements and understandings regarding the sale of Product.