7. Product and Part Availability. Showcase relies on outside sources for certain parts and products and these may, at times, be unavailable for immediate order. Reseller may request that its entire order be held until all of the requested items are available, or may request Showcase to ship those that are in stock and backorder those that are temporarily unavailable.
Shipping costs apply for each shipped order whether complete or partial. Reseller is responsible for shipping costs that are calculated when the order is totaled from available inventory.
8. Payment Methods. All orders will be payable in US dollars. If necessary, Showcase can accept credit card or PayPal payments but a 3% processing fee is added. Other payment methods can be discussed and arranged through mutual agreement. Subsequent orders can continue as per the initial order. Payment can be made by check drawn from US Banks only. If paying by check, initial orders must be paid in advance. Subsequent orders paid by check are net 15 days. Checks to be paid to:
13536 County Road 45
Tuskegee, AL 36083
9. Interpretation and Forum Selection. This Agreement and the rights and obligations of the parties shall be governed by, and construed and interpreted under the laws of the State of Alabama. To the extent either party to this Agreement files suit to enforce this Agreement or the subject matter thereof, the parties irrevocably consent and submit to the exclusive jurisdiction and venue of the courts of the State of Alabama, Macon County, for the purposes of any suit, action, or proceeding arising out and permitted by this Agreement and irrevocably waive, to the fullest extent permitted by law, any objection to the laying of venue of any such suit or action in Macon County, Alabama that such suit, action or proceeding has been brought in an inconvenient forum. The laws of the State of Alabama shall apply to any such suit or action, irrespective of any state’s choice of law provisions.
10. Force Majeure. Showcase shall not be liable for delays or failure in its performance hereunder caused by any act of God, war, acts of terrorism or attempted acts of terrorism, strike, labor dispute, work stoppage, fire, act of government, or any other cause, whether similar or dissimilar, beyond the control of that party.
11. No assignment. Reseller may not assign, delegate, or otherwise convey this Agreement or any of its rights and obligations hereunder, to any Person without the prior written consent of Showcase, and any such attempted assignment without consent shall be void.
12. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous letter of intent, agreement or understanding, whether written or oral, if any, between the parties with respect to such subject matter. THERE ARE NO ORAL AGREEMENTS CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. Each signatory to this agreement represents, warrants and covenants that he or she has the corporate authority to enter into this Agreement for and on behalf of their principal and to bind such principal to the terms and conditions of this Agreement for and on behalf of the principal, and the parties understand that this Agreement is being executed based on the representation that each signatory to this Agreement has the authority to fully bind the respective principals to this Agreement.