Terms and Conditions
1. Prices stated are those now in effect. We reserve the right, however, to invoice these goods at our prices prevailing at the time of shipment. In addition to the prices stated herein, Buyer shall reimburse Seller for any excise, sales or taxes incident to this transaction for which Seller may be liable or which Seller is required by law to collect.
2. Buyer assumes all risks of delays due to action by governmental authority or the public enemy, strikes, accidents, delays of carriers, fires, floods, unusually severe weather, acts of God, or causes beyond Seller's control. Seller will make every effort to adhere to the delivery schedule specified on the face hereof, but no obligation to do so is assumed.
3. Seller shall not be required to proceed or continue with performance of Buyer's order while Buyer is in default under this or any other contract with Seller or while any proceedings by or against Buyer are pending for appointment of a receiver or under any insolvency law or for relief under any provisions of the Federal Bankruptcy Act.
4. Seller's only warranty is that the goods being sold shall be free from defects in workmanship and material. This warranty is expressly in lieu of other warranties, express or implied and whether statutory or otherwise, including any implied warranty of merchantability or fitness for a particular purpose. Seller's liability for breach of warranty shall arise only upon return of the defective goods at Seller's expense after notice to the Seller of the claimed breach, and shall be limited to furnishing a like quantity of such goods free from such defects or, Seller's option, to refunding the purchase price. Notice to Seller of claimed defects discoverable by inspection must be given within 14 days after receipt of shipment. Seller shall never be liable for any consequential damages.
5. Claims for shortages must be made within 14 days after receipt of shipment. Claims for non-receipt of shipment must be made within 14 days after receipt of invoice.
6. After delivery of goods to carrier all risk of damage to or loss or destruction of the goods shall be borne by Buyer. Unless otherwise specified on Buyer's order, shipment may be made by the method or carrier deemed most feasible by Seller.
7. Seller warrants and certifies that in the performance of this contract it will comply with all applicable statutes, rules, regulations and orders of the United States, including laws and regulations pertaining to labor, wages, hours and other conditions of employment, and that the goods to be furnished hereunder will be produced in compliance with all applicable requirements of the Fair Labor Standards Act, as amended.
8. Unless Buyer notifies Seller of any exception to the acknowledgment immediately after its receipt by Buyer, the order as acknowledged shall constitute the entire agreement between Buyer and Seller, notwithstanding any terms and conditions that appear in Buyer's purchase order.
9. Recommendation by Seller, if any, covering the use, utilization, properties and/or qualities of goods sold hereunder are believed reliable but Seller makes no warranty whatever with respect thereto. Use or application of goods sold hereunder is at the discretion of the Buyer without any liability or obligation on the part of seller except as expressly warranted by Seller.
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