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Condiction of Sales
This order is not subject to cancellation as whole or in part, and is not subject to change without approval of the Seller. At Seller's option, changes or cancellations may be made without extra charge on items on which work has not begun. Cancellation of any items on which work has begun will be accepted only upon payment of reasonable charges, taking into account expenses already incurred, and commitments already made by Seller.
Irrespective of any prices quoted by Seller or listed on Purchaser's order, an order is accepted only at the prices shown on Seller's Sales Confirmation.
Unless otherwise specified, all prices are quoted, all orders accepted, and all billings rendered exclusive of all federal, state and local excise, sales and similar taxes. Such taxes, when applicable, will appear on separate additional items on the invoice unless Seller receives a properly executed exemption certificate from Purchaser prior to shipment.
All accounts are prepaid, from date of invoice, unless special advance terms are arranged and shown on the copy of Sales Confirmation.
Shipping dates are estimated only and not guaranteed. The Seller shall not be liable for failure to meet such dates unless such failure is caused by its own fault or negligence. Thus, the causes that Seller shall not be liable for include, but are not necessarily limited to, delay in delivery or non-delivery or any loss or damage resulting from such delay or non-delivery from causes beyond its control including but not limited to fire, strikes, or labor disturbances, acts of God, acts of the Purchaser, acts of civil or military authority, insurrection or riot, embargoes, inability to obtain transportation facilities, wrecks or delays in transportation, or inability to obtain necessary labor, materials, or manufacturing facilities due to such causes.
Shipment of all products shall be F.O.B. point of origin as determined by Seller. All risk of loss shall pass to Buyer upon tender to common carrier, Buyer or Buyer’s agent or employee at Seller’s warehouse or other point so designated by Seller.
No statutory or implied warranties apply, other than the warranty of title, and the Seller shall not be liable for any loss or damage alleged to have been caused by the use of the goods delivered, except to make replacement or to refund payment as therein stated. In no event will the Seller be liable for consequential damages.
Claims for shortage must be made within 15 days from invoice date. Claims for rejected material must be made within 30 days from invoice date. No returns, of any type, will be accepted without a Return Merchandise Authorization (RMA) number.
It is understood and agreed that the terms, conditions or warranties of sale contained herein shall take precedence over any terms or conditions which may form a part of Purchaser's order or appear on Purchaser's standard form, and Seller shall not be bound by Purchaser's terms and conditions unless expressly agreed to in writing.
If, in Seller's judgment, the financial condition of the Buyer, at any time during the manufacturing period or at the time the merchandise is ready for shipment, does not justify continuance of the work or shipment of the merchandise, Seller may, at its option, require full or partial payment in advance or may cancel an order or any part thereof.
Signed Sales Confirmation needs to be returned within 10 working days from Sales Confirmation date. Otherwise, Sales Confirmation is in effect from date of issuance.
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