All prices, terms and conditions stated are current, subject to change without notice by the Seller. The Buyer agrees to pay in accordance with prices, terms and conditions in effect at time of shipment. Cash discount, if any is indicated, will apply only on the net amount of invoice after deducting transportation charges and taxes thereon, unless otherwise specified, and will only be allowed if payment is made within the time stated, and provided there are no past due items. A service charge on past due items will be the maximum allowed by state usury laws. No anticipation deductions are allowed. In the event legal or collections action becomes necessary in the Seller’s opinion, the Buyer shall be liable for legal and collection fees.
All taxes and excises of any nature whatever now or hereafter levied by government authority, whether federal, state, or local, either directly or indirectly upon the sale or use of any material covered hereby, or upon the subject matter hereof or upon transportation charges, shall be paid and borne by the Buyer, unless prohibited by law.
Any Increase in transportation rates, or any changes in routing requested by the Buyer which result in increased transportation costs, will be at the Buyer’s expense.
The Seller shall not be liable for failure to ship or delays in delivery by reason of the following; Fires, floods, or other casualties, wars, riots, civil commotion, embargoes, governmental regulations, or the Seller’s inability to obtain necessary materials (finished or otherwise) from its usual source of supply; shortage of cars or trucks or delays in transit; strikes or other labor troubles effecting production or shipment, whether involving employees of the Seller or employees or others; shortages of products, labor or raw materials, or any other cause beyond the Seller’s control, whether or not of a class or kind mentioned herein
The products described, sold by the Seller, are warranted to be free from defects in material and workmanship at time of shipment, this warranty is in lieu of and excludes all other warranties, whether express or implied, including any warranty of merchant ability or of fitness for a particular purpose. Consult the Seller’s written application and installation instructions before use.
The Seller shall not be liable for consequential loss, damage or expense, directly or indirectly arising from the sale, delivery, handling or use of the products, or from any other cause relating thereto. The Sellers liability hereunder in any case is expressly limited to product replacement in the form originally shipped, or, at seller’s election, to the repayment of, or crediting the Buyer with an amount equal to the purchase price of such products, whether such claims are for breach of warranty or negligence. No products shall be returned by the Buyer without prior written approval of Seller: any claim by the Buyer for defective products shall be used by the Buyer without inspection by and prior written approval of Seller.
Should the financial responsibility of the Buyer at any time appear unsatisfactory to the Seller, the Seller reserves the right to require payment for any shipment hereunder in advance, or require satisfactory security. If the Buyer fails to make payment in accordance with the terms hereof, or fails to comply with any provision hereof, the Seller may, at its option cancel any unshipped portion of the Buyer’s orders. The Buyer shall remain liable for all unpaid accounts and entire account shall immediately come due and payable
Should litigation become necessary, the Buyer agrees to a change of venue at the discretion of the Seller. Where the Buyer desires to cancel any order for special materials or products not normally carried in stock by the Seller, the Buyer shall be required to make payment as follows: in full for finished items; on other unfinished items, that percentage of the full price as the percentage of completion bears to full completion; where only unprocessed materials are involved, the cost of material plus 15%.
No terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon the Seller unless in writing and signed and approved in advance by an officer of the Seller. No modification of any of these terms shall be affected by the Seller’s shipment of products following receipt of the Buyer’s purchase order, shipping request or similar forms containing printed terms and conditions connflicting or inconsistent with the terms herein.
At the Seller’s option, disputes of any kind may be brought to arbitration according to the rules of the American Arbitration Association and judgement upon the award rendered may be entered in the highest court, state or federal, having jurisdiction.
The sale of the products shall be subject to their Terms and Conditions of Sale, Including those limiting warranties, as set forth in the Sellers invoices. No agent, employee, or representative of the Seller, its subsidiary or affiliated companies is authorized to modify this statement.