By acceptance of this quotation Buyer agrees to the terms and conditions of sale set forth herein and further agrees that the same shall supersede the terms and conditions of the Buyers purchase order, if any, in all instances where conflict exists.
If any term or condition hereof shall be invalid or unenforceable, all other terms and conditions hereof shall remain enforceable in accordance with their terms.
Orders for goods to be made and/or ordered specially for the Buyer and not customarily carried in stock by the Seller can be cancelled by the Buyer only to extent of the portion not already manufactured, in process of manufacture or in transit to Seller warehouse at the time of cancellation, else the deposit paid will be forfeited.
Seller will not be liable for non-delivery of goods or delay in the performance of orders or contracts or in the delivery or shipment of goods or for any damage suffered by Buyer by reason of non-delivery or delay, when such non-delivery or delay is, directly or indirectly caused by or in any manner arises from acts of nature, wars, shortage of materials, or supplies now or hereafter ordered or interruption or delay in the delivery thereof, insufficient or undesirable credit information or experience, plant breakdowns or disability for any cause whatsoever, strikes or other labor disturbances, delays or interruptions in transportation facilities, requirements, regulations’ or policies of any government, and all other disabling causes or contingencies reasonably beyond the Seller’s control. In the case of such delay or failure to perform, for any of the above causes, the Seller may cancel the order upon notice in writing to the Buyer.
Delivery shall be deemed to be made a s soon as the receipt of goods covering the goods is signed, and the goods shall thereafter be at the Buyer’s risk.
In the event Buyer fails to fulfill the terms of payment, or in the case Seller, in its absolute discretion, shall have any doubt at any time as to the Buyer’s financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.
Materials sold are warranted to be commercially free from abnormal or avoidable defects in material and workmanship, including surface appearance variations. All other warranties express or implied, including any warranty of merchantability or that the goods shall be fit for a particular purpose, are hereby excluded. In the event of any claim for which the Seller may be liable, the liability of the Seller, at the Seller’s option, shall be limited to repairing or replacing the non conforming goods or refunding the purchase price of that portion of the goods to which the Buyer’s claim relates. In no event shall the Seller be liable for consequential damages of any kind, nature and description. Every claim on account of defective goods, whether the defect be patent or latent, short count or for any cause whatsoever, shall be deemed waived by the Buyer unless made in writing within seven (7) days after the receipt of goods to which the claim relates. Under no conditions will returned materials be accepted without our prior written consent authorising return of said material.
Seller exercises no control in the handling, storage, application and use of these products or the products of others with which they are used in combination, no warranty, express or implied, is made as to the results and effects of their use. No waiver alteration, addition or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive officer of the seller. The buyer shall determine the suitability of the product for his or her intended use and assume all risk and liability whatsoever in connection herewith. Any technical advice furnished the buyer before or after delivery in regard to the use and application of said goods is furnished on the basis that it represents the sellers best judgement under the circumstances and the seller assumes no obligations or liability for the advice or assistance furnished or the results obtained and that such information is used at the buyers own risk.
