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Terms and conditions
- Prices stated are those now in effect. We reserve the
right, however, to invoice these goods at our prices prevailing at the time
of shipment. In addition to the prices stated herein, Buyer shall reimburse
Seller for any excise, sales or taxes incident to this transaction for which
Seller may be liable or which Seller is required by law to collect.
- Buyer assumes all risks of delays due to action by governmental authority
or the public enemy, strikes, accidents, delays of carriers, fires, floods,
unusually severe weather, acts of God, or causes beyond Seller's control.
Seller will make every effort to adhere to the delivery schedule specified
on the face hereof, but no obligation to do so is assumed.
- Seller shall not be required to proceed or continue with performance of
Buyer's order while Buyer is in default under this or any other contract with
Seller or while any proceedings by or against Buyer are pending for appointment
of a receiver or under any insolvency law.
- Seller's only warranty is that the goods being sold shall be free from
defects in workmanship and material. This warranty is expressly in lieu of
other warranties, express or implied and whether statutory or otherwise,
including any implied warranty of merchantability or fitness for a particular
purpose. Seller's liability for breach of warranty shall arise only upon return
of the defective goods at Seller's expense after notice to the Seller of the
claimed breach, and shall be limited to furnishing a like quantity of such goods
free from such defects or, Seller's option, to refunding the purchase price.
Notice to Seller of claimed defects discoverable by inspection must be given
within 20 days after receipt of shipment. Seller shall never be liable for any
consequential damages.
- Charges for tools and dies cover only a portion of their cost. Title and
right to possession of tools and dies will not pass to Buyer.
- Claims for shortages must be made within 20 days after receipt of shipment.
Claims for non-receipt of shipment must be made within 20 days after receipt of
invoice.
- Buyer will protect and indemnify Seller against all claims of infringement
of patents or copyrights or of wrongful use of designs, trademarks or trade
names with respect to goods manufactured wholly or partially to Buyer's designs
or specifications.
- After delivery of goods to carrier all risk of damage to or loss or destruction
of the goods shall be borne by Buyer. Unless otherwise specified on Buyer's order,
shipment may be made by the method or carrier deemed most feasible by Seller.
- Seller warrants and certifies that in the performance of this contract it will
comply with all applicable statutes, rules, regulations and orders of the United
Kingdom, including laws and regulations pertaining to labor, wages, hours and other
conditions of employment, and that the goods to be furnished hereunder will be
produced in compliance with all applicable requirements of the law. Each of Seller's
invoices shall contain a certificate that the goods covered by the invoice were
produced in compliance with all applicable legal requirements.
- Unless Buyer notifies Seller of any exception to the acknowledgment immediately
after its receipt by Buyer, the order as acknowledged shall constitute the entire
agreement between Buyer and Seller, notwithstanding any terms and conditions that
appear in Buyer's purchase order.
- Recommendation by Seller, if any, covering the use, utilization, properties
and/or qualities of goods sold hereunder are believed reliable but Seller makes
no warranty whatever with respect thereto. Use or application of goods sold
hereunder is at the discretion of the Buyer without any liability or obligation
on the part of seller except as expressly warranted by Seller.
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