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TERMS AND CONDITIONS

 

  1. All prices stated are current, subject to change without notice by Seller.  Buyer agrees to pay price in effect at time of shipment.
  2. Any changes as to the quantities, specifications or delivery dates, must be approved by the Seller in writing.
  3. Payment terms are Net 30.
  4. The Seller, at his option, will charge the Buyer 1% interest per month on any balance not paid within the stated time.
  5. Seller shall not be liable for failure to ship or delays in shipment by reason of the following matters affecting the shipping plant or warehouse:  (a)  Fires, floods, or other casualties;  (b)  Wars, riots, civil commotion, embargoes, governmental regulations, or Seller’s inability to obtain necessary materials (finished or otherwise) from the usual sources of supply;  (c)  Shortage of cars or trucks or delays in transit;  (d)  Existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Seller or employees of others, and regardless of responsibility or fault on the part of the employer;  (e) Other contingencies of manufacture or shipment, whether or not a class or kind mentioned herein and not reasonably within the Seller’s control.
  6. Delivery of material to carrier shall constitute delivery thereof to Buyer, and thereafter such materials shall be at Buyer’s risk.  Any claim by Buyer against Seller for shortage or damage occurring prior to such delivery must be made within two days after receipt of shipment and accompanied by original transportation bill signed by carrier received material from Seller in the condition claimed.
  7. All goods sold by Seller are warranted to be free from defects in material and workmanship, which warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise.  Seller shall not be liable for loss, damage, or expense directly or indirectly arising from the sale, handling or use of the goods, or from any other cause relating thereto, Seller’s liability hereunder in any case being expressly limited to the replacement (in the form originally shipped) of goods not complying with this agreement, or at Seller’s election, to the repayment of, or crediting Buyer with an amount equal to the purchase price of such goods.  Any claim by buyer with reference to goods sold hereunder for any cause shall be deemed waived by Buyer unless made in writing within ninety (90) days from date of the receipt of the goods to which such claim relates.
  8. The return of the merchandise must be approved by the Seller in writing prior to shipment.
  9. Should the financial responsibility of the Buyer at any time become unsatisfactory to the Seller, the Seller reserves the right to require payment for any shipment hereunder in advance, or satisfactory security.  If the Buyer fails to make payment in accordance with the terms of this agreement, or fails to comply with any provision hereof, the Seller may, at its option, (and in addition to other remedies) cancel any unshipped portion of this order; Buyer to remain liable for all unpaid accounts.
  10. In the case of special or non-stock materials, Buyer’s cancellation will be accepted only upon Buyer’s acceptance and payment in full for finished items within 10 days of completion, and on the other items in process of manufacture, the cancellation charge shall be the percentage of completion as applied to the purchase price.
  11. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon the Seller unless hereafter made in writing and signed by its authorized representative.  No modification shall be effected by Seller’s shipment of goods following receipt of Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.