1. TERMS: F.O.B. Point of Shipment. Net 30 Days.
2. QUOTATIONS: Stenographical and clerical errors subject to correction. Until an order is accepted by seller, Quoted prices are subject to change without notice. All quotations unless otherwise stated are for immediate acceptance. All orders and contracts subject to acceptance at Seller’s home office.
3. CREDIT: accounts will be opened only with firms or individuals on approved credit. The Seller reserves the privilege of declining to make deliveries except for cash whenever. For any reason, doubt as to the Buyer’s responsibility develops, and shall not, in such event, be liable for non-performance of contract in whole or in part.
4. CANCELLATION: Orders may be cancelled or deliveries deferred only upon the condition that the Buyer assume immediate liability and make payment to the Seller for all work complete at the unit price; work in process on the basis of the percentage of completion thereof times the order unit price, raw material, unamortized tooling, engineering and other cancellation charges incurred on the basis of cost to the Seller plus handling and overhead charges. All cancellation charges to be determined at the time of cancellation or deferment.
5. DELIVERIES: Every effort will be made to fill orders within the time promised but under no circumstances will the Seller assume responsibility for any damages growing out of or own to any delays whatever. Unless specifically stated to the contrary, quotations are made and orders are accepted for delivery as fast as manufactured by partial shipment packed in bulk.
6. SAMPLES: If requested, the Seller will submit samples for approval when commencing operations upon any order, but does so with the understanding that its machines are to be run immediately after they are set correctly to Buyer’s accepted specifications, and seller will assume responsibility for having the product in conformity with such specifications during the period necessary in which to obtain Buyer’s approval. Any change in specifications can be made only at Buyer’s direction and expense. If changes are to be made Seller should be notified at once by telephone or wire followed by written confirmation.
7. CLAIMS: If the Buyer claims delivery of material not as ordered, he must notify Seller within two (2) weeks of receipt of shipment. If such claim is sustained upon examination by Seller, and material furnished is proved not as ordered to the satisfaction of both parties, the Seller shall have the option in such an event of taking back the goods or inspecting on Buyer’s premises and deciding whether it shall repair, replace or credit. Seller will not allow claims fro defective goods on those parts further processed by the Buyer and resulting in change of either dimensions or characteristics form Buyer’s original blueprint or other specifications. Claims for shortage must be made within two (2) weeks from receipt of the goods.
7. (a) LIMITATION OF WARRANTY AND CLAIMS: It is expressly understood and agreed that the Seller shall in nowise be deemed or held to be obligated, liable or accountable upon or under any guaranties or warranties, express or implied, statutory, by operation of law, or otherwise, in any manner or form beyond its express agreements to deliver material as ordered by Buyer, and under no circumstances will Seller be liable for damages Or claims for expenses involved in using its product Or for any indirect or consequential damages or loss of profits, and liability of Seller shall be limited to repair or replacement of defective material or credit as snecif ied in Paragraph 7 above. The Seller does not warrant the merchantability and fitness of delivered material for any particular purpose.
8. TOLERANCES: All dimensions must be limited by a specified tolerance agreed to by the Seller.
9. DIES, TOOLS, ETC.: Charges for dies, tools, or gauges do not convey ownership or the right to remove them from Seller’s factory. Special mold equipment designed for non-standard products will be maintained in first class condition at no expense to the Buyer for a period of one year from completion of order. Seller will not be responsible for drawings, samples, models, or gauges furnished by the Buyer and uncalled for within 30 days after execution of any order or quotation.
10. SHIPMENTS: In ordering, the Buyer should state explicitly the method of shipment preferred and in the absence of shipping directions the Seller will use discretion, forwarding by UPS when packages are small and therefore liable to be lost in transit by freight. UPS shipments will be insured minimum coverage at Buyer’s expense unless otherwise specified. The Seller assumes no responsibility for placing of valuations upon shipments unless specifically requested to do so by the Buyer.
11. PATENTS: It IS not the intention of the Seller to manufacture any product which is an infringement of a patented article. Parts are made by the Seller strictly to dimensional specifications furnished by the Buyer, It is agreed that the Buyer will defend and save harmless the Seller from any and all expenses involved in any claims for damages from infringements of letters patent by the use or sale of parts made by the Seller, either as such Or as parts or units of complete entities. This proposal, when accepted, sets forth the entire contract by the Buyer and Seller; no representation, warranty or agreement, except as expressly set forth herein, shall be or be construed to be any part of this contract; and no modification or alteration thereof or variation therefrom shall be valid unless expressly confirmed or assented to by the Seller in writing.
12. RETURNS: Customers must inspect material within 30 days of receiving order. Customers returning material found to be “defective” after this time will not be issued credit.