TERMS AND CONDITIONS
- The specified merchandise is sold to you F.O.B. factory. Our delivery to a carrier of the sold merchandise consigned to you, shall then constitute a complete transfer to you of all rights, title, ownership and possession; the carrier thereafter acting solely in your behalf.
- The purchase set forth in your order does not include any Federal, State or local sales or special taxes based upon or measured by such price. All such taxes are your obligation and, if imposed on us, will be invoiced to you. In the event your offer to purchase makes the merchandise set forth herein subject to your inspection and rejection, you shall inspect immediately upon the unloading of said merchandise from the carrier and shall, within 24 hours from the delivery of the merchandise to you by the carrier, notify us of any part or portion you deisre to reject. You may reject only merchandise not conforming to your order. Rejected merchandise may be returned only after inspection by us, and upon receipt of definite shipping instruction from us. In no event shall we be liable with respect to the materials furnished pursuant to your purchase order beyond replacing any defective material furnished and in no event shall there be any liablitiy for any consequential, special or contingent damages in any matter whatsoever.
- The delivery date set forth on the face of this order shall be complied with as nearly as possible by us provided no delay in our execution of the order is caused by your failure to furnish promply any data required to complete the order. We shall have the right to change the scheduled shipment date set forth herein in the event that our fulfillment of your order is delayed by strike, lockout, accident, fire, war, governmental action, embargo, inability to obtain supplies or labor, or any other cause beyond our control, and our obligation to make shipments shall be subject to vis major, restrictions imposed upon us by acts of Congress, and rules and regulations of governmental agencies, both Federal and State.
- Your order is for our standard item unless you specifically order another material or merchandise and we warrant that the material or merchandise covered by this order are of merchantable quality. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED ARE EXCLUDED.
- In the event that we have extended credit to you for the order set forth on the reverse side hereof, we may in our discretion prior to actual shipping, withdraw such extention of credit and we shall be under no obligation or liability whatsoever for failure to ship by reason of such extention of credit, and we may require you to make payment of our invoice prior to shipment, or ship C.O.D. to you, such election ot be made by us at any time prior to actual shipment.
- We reserve the right to adjust the price set forth herein prior to the date of shipment due to an increase of our cost of labor or materials or both, such adjustment to be made in our sole discretion.
- Unless you advise us within three days from the date hereof that you do not accept the terms and condistions set forth in this confirmation of receipt of your order, we shall proceed to fill your order on the terms and conditions herein set forth.
- Any equipment, including tools, dies, jigs, fixtures, and/or patterns, which we construct or acquire for use exclusively in the production of merchandise for you, shall be and remain our property and remain in our possession and control. All such equipment will be exclusively for the manufacture of products for you. Any materials or equipment owned or furnished by you while in our possession will be carefully handled and stored by us but we shall have no responsibility or liability for loss or damage thereto. If after a reasonable length of time no orders are received from you for merchandise to be made with any equipment or materials above referred to, we may, after giving thirty day's written notice by mail, at your last known address, make such disposition thereof as we desire without liability to you.
- This contract constitutes the entire agreement between the parties and may not be madified or terminated except by a writing signed by us.