ALL QUOTATIONS AND SALES SUBJECT TO FOLLOWING CONDITIONS:
All applicable Municipal State or Federal sales, use or excise taxes are the responsibility of the Purchaser and shall be in addition to the price or prices stated on the front side of this document unless otherwise specifically stated. Seller shall have the right to invoice separately and such tax as may be imposed at a later time. Applicable tax exemption certificates must accompany any order to which the same applies.
Prices quoted are subject to acceptance within thirty (30) days unless otherwise specified.
All orders are subject to price change unless shipment is authorized within sixty (60) days of notification of general price increase.
No material will be accepted for credit when returned without express return authorization. All material accepted for credit is subject to a restocking charge. All credits will be applied to your account and will be available to offset future purchases and current amounts owing.
Orders are accepted subject to delays occasioned by accidents, strikes, fire or other causes beyond control of the Seller.
Deliveries quoted are estimated and believed accurate at the time of quotation. If delivery timing is crucial, Buyer should request confirmation of delivery time when order is released. Seller will not be liable for failure to meet estimated delivery. Buyer shall not cancel order for reason of delivery unless estimated delivery is confirmed when order is released.
All claims for shortages, incorrect, or defective material shall be filed with Seller within (7) days after receipt of shipment.
Seller’s responsibility ceases upon delivery to any common carrier. Claims for shortage or damage in transit shall be filed with the carrier.
All orders must be accepted subject to approval of Seller.
In case of refusal or inability of Purchaser to accept any shipments in accordance with terms of contract, Purchaser shall be held liable for transportation, storage, or any storage, or any excess handling charges incurred.
The Seller reserves the right to ship C.O.D. should the Purchaser’s financial responsibility so dictate in the opinion of the Seller.
Terms of payment, unless otherwise stated, are Net 30 days after date of invoice. There will be a 1-1/2% monthly interest charge on accounts not paid 30 days after date of invoice.
Seller makes no warranty whatsoever concerning products manufactured or designed by others, but will extend the manufacturer’s warranty to Buyer. All products are guaranteed against defects in material and workmanship only. Liability is limited to the value of the product involved.
Seller does not guarantee the suitability of these materials of their intended use unless specifically guaranteed in the proposal, nor do we allow claims of any nature due to malfunctions other than that expressed in the manufacturer’s standard warranty.
Seller makes no representation or warranty that the use of the products ordered shall be free of any claim of any third party by way of infringement.
No other warranties, agreement or understandings shall be binding unless made in writing by an officer of the selling Corporation.
If the products are to be used in any nuclear installation or activity, the Buyer or the ultimate users (i.) shall secure and maintain the maximum nuclear property damage liability insurance protection available, (ii.) shall enter into and maintain a government indemnity agreement, and (iii.) shall waive and require its insurance to waive all rights of recovery or subrogation against the Company for, and shall indemnify and hold the Company harmless from and against any claims, losses, or damages (including consequential or special damages or any kind) arising out of a Nuclear incident as the term is defined in the Atomic Energy Act of 1954, as amended.
F.O.B. point refers to shipper’s facility at city stated.
Goods covered by this invoice were produced in compliance with the provisions of the Fair Labor Standards Act of 1938, as amended.
The above terms and conditions of sale supersede any and all terms and conditions as stated in Buyer’s purchase order. Buyer’s order is accepted only under the terms and conditions outlined above.
