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CONDITION OF SALE |
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1. |
The price of the material covered hereunder shall
be Seller's established price in effect at the time the material
covered by this order is shipped to Buyer.
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Where prices are F.O.B. Sellers' shipping
point, Seller may at its option deliver in its own equipment. In
such cases, the lowest applicable common carrier charges for delivery
by truck shall be added to the price, and title shall pass on delivery
to Buyer. |
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2. |
Except as provided in Condition 7 hereof, Seller
makes no warranty of any kind, express or implied, except that the
material sold hereunder shall be of merchantable quality, and the
Buyer assumes all risk and liability for results obtained by the user
of the material, whether used singly or in combination with other
products. |
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3. |
No claims will be allowed after material has been
treated, processed or altered in any manner. No claim of any kind,
whether as to material delivered or for non-delivery of material,
shall be greater in amount than the purchase price of the material in
respect of which such damages are claimed; and failure to give notice
of claim within three (3) months from date of delivery shall
constitute a waiver by Buyer of all claims in respect of such
material. The remedy hereby provided shall be the exclusive and
sole remedy of the Buyer; any right of the Buyer to consequential
damages is excluded. |
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4. |
Seller reserves the right to charge interest on
all bills not paid at maturity. Terms shown on front of this
invoice are from date of invoice and are not contingent upon delivery. |
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In the event Buyer fails to fulfill the terms of
payment, or in case Seller shall have any doubt at any time as to
Buyer's financial responsibility, Seller may decline to make further
deliveries except upon receipt of cash or satisfactory security. |
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5. |
Buyer shall reimburse the Seller for all taxes,
excises or other charges, which the Seller may be required to pay to
any government (national, state or local) upon the sale, production or
transportation of the material sold hereunder. |
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6. |
No liability shall result from delay in
performance; or nonperformance, caused by circumstances beyond the
control of the party affected, including but not limited to, act of
God, fire, flood, war, government action, accident, labor trouble or
shortage, inability to obtain material, equipment or transportation.
Quantities so affected may be eliminated from the order without
liability, but the order shall remain otherwise unaffected. |
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7. |
In the event of inability, for any reason, to
supply the total demands for the material specified in Buyer's order,
Seller may allocate its available supply among any or all purchasers,
as well as departments and divisions of Seller, on such basis as
Seller may deem fair and practical without liability for any failure
of performance, which may result therefrom. |
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8. |
Seller warrants that the use or sale of the
material delivered hereunder will not infringe the claims of any
United States patent covering the material itself; but does not
warrant against infringement by reason of the use thereof in
combination with other material or in the operation of any process. |
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9. |
This order is not assignable or transferable by
Buyer, in whole or in part, except with the written consent of Seller. |
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10. |
except as provided in Condition 6 hereof, no item
of this order manufactured or in process of manufacture shall be
subject to cancellation, deferred delivery, alteration or change in
specification. |
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11. |
Upon request Seller will furnish such technical
advice as it has available as to the use of its product by Buyer; but
it is expressly understood, however, that all such technical advice is
given gratis and Seller assumes no obligation or liability for the
advice given or results obtained, all such advice being given and
accepted at Buyer's risk. |
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12. |
This instrument contains all the terms and
conditions with respect to the sale and purchase of the material named
herein and no modification or these terms and conditions shall be of
any force or effect unless in writing and signed by the party claimed
to be bound thereby. |
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