All orders are accepted subject to prior sale and subject to our sales and credit terms and conditions only, and not to the terms and conditions appearing on Buyer’s purchase order or contract. Your agreement with our terms and conditions shall be conclusively evidenced by your acceptance of any shipment.
Said terms and conditions are as follows:
- Shipment. Title and risk of loss shall pass to Buyer at the point of arrival and acknowledged receipt by Buyer’s representative.
- Delay in Shipment. We will endeavor to ship material within specified time, but this is not guaranteed. We will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for non-delivery, when same is, directly or indirectly, caused by, or in any manner arising from fires, floods, accidents, riots, acts of God, ware, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel power, materials or supplies, transportation delay, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond our control. In no event shall we be liable for special or consequential damages.
- Order Cancellation. All request by Buyer for cancellation or alteration of any order, to be binding upon the Seller, must be accepted by Seller in writing, and will be subject to fair charges for expenses incurred and work executed up to the time of acceptance by Seller of such request or cancellation charge of 50% of the Purchase Order, whichever is higher.
- Payment. All payment made are not refundable unless otherwise agreed by the seller.
- Unsatisfactory Performance by Buyer. If the buyer fails to fulfill the terms of payment on any order, the seller may defer further shipments until such payments are made, or may, at its option, cancel the order. The seller reserves the right, even after partial shipment on account of any order, to require from the buyer satisfactory security for performance of the buyer’s obligations, and refusal to furnish such security is furnished, and, at its option, cancel to the order.
- Taxes. The quoted purchase price may be increased to the extent that Seller’s cost of the goods may be increased as a result of :
- any agreements, codes, or legislative enactments made or enacted pursuant to federal legislation; and
- in additional to paying the purchase price, Buyer is solely liable for any excises, levies or taxes which Seller may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any of the Goods, and Buyer agrees to pay the amount thereof on the same terms as it shall be pay the quoted purchase price.