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1. Entire Contract. The terms on this and the face side state our entire contract. We will not be bound by any different or additional terms and conditions contained in purchasers order unless agreed to in writing by us. Our contract will not hereafter be subject to any change or modification without our consent. We reserve the right to correct this contract at any time for clerical or typographical errors.
2. Credit. Acceptance of order is subject to approval of credit by us. We may at any time alter or suspend credit, refuse shipment or cancel unfilled orders when, in our opinion your financial condition or status of your account warrants it or when delivery is delayed by your fault or if you are delinquent in any payment. In the case of delinquencies or bankruptcy of the purchaser, any parts and tools/molds in our possession not having been fully paid for shall become our property in satisfaction of unpaid engineering charges or unliquidated damages.
3. Cancellation. The purchaser may cancel this order provided he gives written notice to us and pays for all cancellation charges.
4. Prices. All prices charged or quoted are for the continuous operation of equipment and for the quantities specified. Subsequent reduction by you of any such quantities or the interruption or delay by you in the continuous operation of the equipment shall entitle us to make an additional charge for product commensurate with our loss or damage entailed thereby and without affecting any other or different remedies we may have by reason hereof. Prices are subject to fluctuation of raw materials.
5. Payment. Each shipment shall be considered a separate and independent transaction and payment therefore shall be made accordingly. If shipments are delayed by you, payments shall become due on the date when we are prepared to make shipment. If the work covered by the purchase order is delayed by you, payments shall be made based on the purchase price and the percentage of completion. Products held for you shall be at your risk and expense. If your financial condition at any time, in our opinion, does not justify continuance of the work to be performed by us, we may require full or partial payment in advance.
6. Delivery. Unless otherwise specified in writing, title of the product shall pass to the purchaser upon delivery to the carrier f.o.b. point of shipment and there upon all risk of loss or damage shall be upon you, whose responsibility it shall be to file claims with the carriers. Shipping dates are approximate and are based upon the prompt receipt of all necessary information. We shall not be responsible for delays in delivery or failure to manufacture due to causes beyond our reasonable control or due to acts or God, flood, quarantine restriction, war, riot, delays in transportation, etc., or inability due to causes beyond our reasonable control to obtain necessary labor, material or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
7. Title. Title and right of possession of the products sold hereunder shall remain with us and such products shall remain personal property until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and you agree to do all acts necessary to protect and maintain such right and title in us.
8. Patents. If items produced on your behalf infringe or are claimed to infringe letters, patents or copyright under which claims are made against us, you agree to assume full responsibility for everything done by us in producing the same and agree to indemnify us and hold us free of any and all losses, including expenditures made or incurred for judgments, settlement, attorney fees, litigation and any and all losses and disbursements directly or indirectly. You further agree within five (5) days of notice from us that claim for such infringement has been made against us to furnish bond in amount reasonably satisfactory to us for the full and faithful performance of this clause.
9. Limited Warranty. Subject to the section on Claims and unless otherwise expressly provided herein, we hereby warrant that the product(s) furnished hereunder will be free from defects in material and workmanship and shall conform to our standard specifications or to the attached specifications, if any. Subject to the preceding sentence and except as otherwise expressly provided herein, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT, whether used alone or in combination with any other material or product. Our sole obligation under the foregoing warranty and otherwise will be to repair, replace or credit the Purchasers amount with respect to any defective goods returned to us with our approval pursuant to the Claims section, freight prepaid within 15 days from the date or original purchase which shall be your exclusive remedy.
10. Claims. Notice of any material claimed to be defective must be made in writing within five (5) days of delivery and failure to give such notice will constitute acceptance of the material and a waiver by you of all such claims. Defective material may be returned after inspection by us and upon receipt of our shipping instructions. Defective material returned pursuant to the provisions of this paragraph will be replaced, repaired or credited at our option provided however, that no credit will be allowed on any material which has been altered or defaced or upon which operations have been performed subsequent to their shipment by us.
11. Sales and Similar Taxes. Our prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of product(s) here under or the use thereof by us or by you shall be paid by you or in lieu thereof you shall provide us with a tax exemption certificate acceptable to the taxing authorities.
12. Terms. Upon delivery of the product, the full amount billed or contracted for is due and payable according to the terms stated on the face of this document. A finance charge computed at a periodic rate of one and one half percent per month (annual rate of 18%) on the unpaid balance will be made on accounts not paid when due and you agree to pay such charges and to pay reasonable attorneys fees if action is brought to collect from you.
13. Waiver. Our failure to insist upon a strict performance of any of the terms and conditions herein shall not be deemed a waiver of any right or remedies that we may have and shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein contained. No provision of this agreement shall be deemed to have been waived by us unless such waiver be in writing and signed by an officer of our company.
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