(1) NO ORDER IS FINAL UNTIL ACCEPTED BY SELLER
Each delivery shall be deemed in accordance with contract unless (a) within five (5) days of date of arrival at destination, buyer notifies seller in writing of rejection; (b) buyer’s notice of rejection identifies goods rejected and specifies reasons therefore; (c) buyer gives seller an opportunity to inspect rejected goods in original bundles on buyer’s premises. Seller shall have the right to require the return of all rejected merchandise in original bundles. No goods shall be returned without Seller’s written permission.
(2) THE SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PURCHASE OF ANY PRODUCTS FROM SELLER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer assumes all risk and liability for results obtained in using the Products, whether used singly or in combination with other materials.
(3) Buyer’s exclusive remedy and Seller’s sole liability is free-of-charge replacement of defective Product, or a credit issued therefore, at Seller’s option. Any action for breach of these terms and conditions, other than for non-payment, shall be forever barred unless commenced within one (1) year after delivery date. IN ANY EVENT SELLER DISCLAIMS RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY CLAIM IN EXCESS OF THE PURCHASE PRICE OF PRODUCTS TO WHICH THE CLAIM RELATES, WHETHER FOR PRODUCTS DELIVERED OR FOR NON-DELIVERY.
(4) Failure by buyer to make any payments due hereunder, or on request to give proper shipping instructions, or to accept any delivery at times stated, or to comply with all terms of any other contract between buyer and seller, shall give seller in addition to all other legal remedies the right at its option to deduct any undelivered quantities from the total to be furnished and/or to cancel this contract and any other contracts between buyer and seller or any undelivered balance thereof.
(5) The seller reserves the right to make part shipments against the buyer’s order. Delivery dates are estimated and not guaranteed. Also the seller shall not be held responsible for delivery promises if prevented from delivery by unforeseen circumstances.
(6) Seller shall not be liable for any delay due to war, fire, flood, act of God, labor difficulties in Seller’s factory or that of any supplier or carrier, embargo, interruption of shipping, acts or regulations of the U.S. or Foreign Governments, inability to procure raw material, or any other cause beyond Seller’s control. If Seller is unable to ship or deliver because of any of the foregoing for a period of sixty (60) days beyond the shipping date stated above, either the buyer or the seller may cancel the undelivered part of this order by written notice to the other without liability on either’s part as to such undelivered portion.
(7) This document (front and back) contains all the terms and conditions with respect to the sale and purchase of Products. Seller hereby objects to any additional or different terms, whether or not material. No other representation, understanding, or agreement have been made or relied upon in the making of this agreement other than those specifically set forth herein. No modification of these terms shall be valid unless agreed to by Seller in writing.