We are very proud to be a retailer of the STIHL product line. We carry a full line of STIHL parts and accessories. Our friendly and knowledgable staff will be glad to assist you in any way we can.
Our Policies
PLEASE READ CAREFULLY
THE FOLLOWING TERMS AND CONDITIONS AFFECT YOUR LEGAL RIGHTS
1. Agreement: These terms and conditions are part of the complete Agreement between Oregon Vineyard Supply Co. dba OVS (hereinafter "Seller") and Buyer for all products provided by Seller to Buyer ("Goods"). The complete Agreement is made up of Seller's invoice and these Terms and Conditions.. No other terms and conditions or charges inconsistent with the Agreement, including, but not limited to, terms stated in Buyer's purchase order, order form, confirmation or other similar forms, are part of he parties' Agreement without the prior written consent of Seller. These terms and conditions replace all other communications unless agreed to in writing. This Agreement cannot be contradicted, supplemented or explained by evidence of course of performance, course of dealing or usage of trade. This Agreement may not be modified or replaced unless agreed in writing by Seller.
2. Ownership and Risk of Loss: All Goods are F.O.B. Seller's Oregon location unless agreed in writing, Ownership and risk of loss to all Goods passes to Buyer upon delivery by Seller to a carrier for shipment.
3. Security Interest: Buyer grants to the Seller a security interest in the Goods until Seller is paid in full. No Goods furnished by Seller may become a fixture. Buyer grants Seller permission to file any document necessary to perfect or maintain perfection o this Security Interest.
4. Payment: All invoiced amounts should be paid by the date stated on the invoice and time is of the essence. Seller may assess a late charge of 18.00% per annum, or the maximum rate permitted by low, on all accounts starting the first day after the due date stated on the invoice. All credit and deliveries may be suspended if a payment is more than (30) days past due or this Agreement is terminated, cancelled or in default.
5. Acceptance: The Goods are deemed accepted by Buyer upon receipt, unless after forty-eight (48) hours of delivery. Buyer rejects the goods and notifies Seller in writing of the basis for such rejection. Seller, in its sole discretion, may provide Buyer a refund or repair or replace any good it deems defective.
6. INDEMNIFICATION: BUYER SHALL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY CLAIM, SUIT, DAMAGE, OR LOSS (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) RESULTING FROM ANY ACT OR OMISSION OF BUYER, ITS AGENTS OR ASSIGNS, WITH RESPECT TO THE GOODS.
7. Governing Law and Jurisdiction: Seller and Buyer expressly agree that this Agreement is governed by and interpreted according to Oregon law, and that the exclusive forum for disputes arising out of or relating to this Agreement is the Marion County Circuit Court for the State of Oregon, and no other state or Federal Court. Each party consents to this jurisdiction, waives any objection to venue, and agrees that in the event of litigation the party shall, at its own expense, provide discovery and appear for depositions in Marion County, Oregon.
8. LIMITATIONS OF LIABILITY: BUYER'S SOLE REMEDY FOR ANY AND ALL DAMAGE CAUSED BY, ARISING OUT OF, OR RELATING TO ANY GOODS PURCHASED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, SHALL BE REFUND, REPAIR, OR REPLACEMENT. ALL ACTIONS OR CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE DATE OF THE INVOICE ISSUED BY SELLER.
9. DISCLAIMER OF IMPLIED WARRANTIES: SELLER HAS NOT GIVEN ANY EXPRESSED WARRANTIES OR PERFORMANCE GUARANTEES UNLESS THOSE PROMISES ARE IN WRITING CONTAINED IN THIS AGREEMENT AND SPECIFICALLY TITLED WARRANTY OR PERFORMANCE GUARANTEE. SELLER SHALL HAVE NO LIABILITY, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, FOR ANY LOSS OF PROFIT OR USE, PROPERTY DAMAGE, OR ANY °INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
10. TERMINATION: Neither party may terminate this Agreement except by providing the other party with thirty (30) days prior written notice. Upon termination, all invoiced amounts are due by the termination date. If terminated, Seller and Buyer are relieved of all obligations hereunder, except (1) for Buyer's obligation to pay Seller for the total amount due and costs incurred as of the date of termination, including all costs, expenses, and liabilities incurred by Seller resulting from the termination, and (2) unless expressly provided for otherwise herein.
11. Cancellation of Agreement/Default: If either party is in default under this Agreement, and fails to cure such default within five (5) days of receiving written notice of the default, the non-defaulting party may cancel this Agreement.
12. Force Majeure: The parties hereby agree that failure to perform any provision, representation or warranty contained in this Agreement due to an event of Force Majeure shall not cause such failing party to be in default of this Agreement. Force Majeure shall mean an occurrence beyond the reasonable control of the party affected including, but not limited to acts of GOD or the public enemy, terrorism, forces, explosions, perils of the sea, flood, drought, war, riot, sabotage, accident, embargo, or any circumstances of like or different character.
13. Attorney's Fees: It any claim, suit or action is instituted, which arises out of or related to this Agreement, The prevailing party shall recover, in addition to costs, reasonable attorney fees incurred in preparation, prosecution or defense of such suit, or action as determined by the court, and if appealed, such reasonable attorney fees as determined on appeal. In addition, in the event that Seller retains an attorney for the collection of any sums owing to Seller from Buyer under the terms of this Agreement, Buyer agrees to pay Seller's reasonable attorney fees, costs and expenses whether or not any suit or action is commenced.
14. Survival: Provisions 7 (Indemnification), 9 (Limitations of Liabi