Conditions of use and sale



1. Seller warrants that the products or publications (hereafter “products”) delivered hereunder meet Seller’s standard specifications for the products or such other specifications as may have been expressly agreed to herein. SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER EXPRESSED OR IMPLIED WARRANTY, EXCEPT AS PROVIDED IN CONDITIONS OF 3 AND 5 HEREIN. Buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used individually or in combination with other products.

2. No claim of any kind, either for products delivered or for non-delivery of products, and whether or not based on negligence, shall be greater in amount than the purchase price of the products in respect of which damages are claimed; and failure to give notice of claim within ninety (30) days from date of delivery, or the date fixed for delivery (in the case of non-delivery), shall constitute a waiver by Buyer of all claims in respect of such products. No charge or expense incident to any claims will be allowed unless approved by an authorized agent of Seller. The remedy hereby provided shall be the exclusive and sole remedy of Buyer. In no event shall either party be liable for special, indirect or consequential damages, whether or not caused by or resulting from the negligence of such party.

3. Seller warrants that all products delivered hereunder were produced in compliance with the requirements of the Fair Labor Standards Act of 1938 as amended.

4. Products shall not be returned to Seller without the Seller’s prior written permission, and then only in the manner prescribed by Seller. Custom packaged titles or multiple copies of the same title are not returnable except in the case of defective workmanship.

5. Seller warrants that the use of all products delivered hereunder will not infringe any copyright or other proprietary right affecting the products.

6. If this agreement covers any products that are produced especially for the Buyer and the Buyer terminates or suspends this agreement for any reason, the Buyer will take delivery of and make payment for any products that have been completed and any product in process on the date notice of termination or suspension is received by Seller.

7. Seller may furnish technical advice or information concerning the use of the products covered by this agreement. Unless otherwise agreed to in writing such information and advice is provided gratis, and Buyer assumes sole responsibility for results obtained in reliance thereon.  

8. The Buyer shall be responsible for any sales or use taxes resulting from the sale of the products covered hereunder to the Buyer. For all shipments outside the State of Pennsylvania the payment of such tax to the appropriate governmental agency is the responsibility of the Buyer. On shipments to destinations within the State of Pennsylvania the Seller will add the state sales tax to the invoice and submit such tax to the State of Pennsylvania unless the Buyer supplies a Pennsylvania Sales and Use Tax Exemption Certificate.

9. If the Buyer fails to meet Seller’s terms of payment or if Seller has doubt to Buyer’s financial responsibility, Seller may refuse to make any further shipments except upon receipt of cash or other satisfactory security.

10. This agreement is not assignable by either party without the prior written consent of the other party.

11. This document contains all the terms and conditions with respect to the sale and purchase of products sold hereunder. The terms and conditions of this document supersede any of an earlier date and no modification to these terms and conditions shall be binding on either party unless agreed to in writing and signed by both parties. Buyer’s acceptance of the products or payment for the products covered by this document shall constitute the Buyer’s acceptance of the terms and conditions hereof.


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Permission is hereby granted for the following purposes only: (i) to transport these pages through any network media using the HTTP Hypertext Transport Protocol for temporary storage for the purposes of reading these pages; (ii) to refer to these pages from other pages via Uniform Resource Locators (URLs); and (iii) to print individual informational pages in hard copy format only for private use.

These pages may not be copied for any other reason, nor may they be permanently stored on any system other than that is capable of retrieving them via HTTP. Copies of these pages may not be modified under any circumstances, except for visual formatting in accordance with the HTML specification.

All materials on Job Training Systems, Inc. are provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Job Training Systems, Inc. be liable for any incidental, indirect, special or consequential damages whatsoever (including but not limited to lost profits) arising out of or related to any information contained herein. Job Training Systems, Inc. reserves the right to make changes to any materials and to make improvements and/or changes to this site at any time and without notice.