1. DESCRIPTIONS, SAMPLES AND SPECIFICATIONS
Any descriptions, samples and specifications in respect of products sold hereunder are not warranted by the seller to be accurate or complete but are the best that are readily available to the seller. The seller shall not be responsible for the consequences of any inaccuracies, insufficiencies or omissions in such descriptions, samples and specifications.2. INSPECTIONS AND WARRANTY LIMITATION
This sale is on the basis of "as is," f.o.b. cars or trucks at the place of shipment. Deficiencies of quality, character, size, condition or quantity will not constitute grounds for claim against the seller. THE SELLER DOES NOT MAKE ANY GUARANTY OR WARRANTY OF MERCHANT-ABILITY OR FITNESS FOR PURPOSE OR ANY OTHER GUARANTY OR WARRANTY WHATSOEVER EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS OFFERED, EXCEPT OF TITLE. The seller shall not in any event be liable for any transportation or handling costs or for the costs of any work done or materials furnished by purchaser or anyone in respect of the products sold or for any special, direct, indirect, incidental or consequential damages in contract or in tort to purchaser or anyone or for any injury to person or property by reason of any deficiencies or alleged deficiencies in such products or any failure or alleged failure of such products to meet applicable descriptions or specifications.3. REPRESENTATIONS
The employees or representatives of the seller are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc., of the products inconsistent with these Terms and Conditions of Sale. Any such statements made will not be binding on the seller or be grounds for any subsequent claim.4. CLAIMS
In view of paragraphs 1,2, and 3 above, claims will not be honored in respect of quality, shortage, physical or chemical condition, missing, or broken products after a sale contract has been made.5. WEIGHT
All weights offered, shown or calculated in respect of the products, other than actual shipping weights, are approximate estimated weights only. If the sale terms are on a weight basis the seller's actual shipping weights are to govern performance of the sale contract. If such an approximate weight is offered, shown or calculated, the purchaser shall nevertheless accept the seller's shipping weights as the basis of full and complete delivery, and make payment therefore.6. SHIPMENT
The purchaser shall submit shipping instructions for complete shipment of all products purchased, and the seller will make shipment in accordance therewith or with seller's usual practice.7. CREDIT APPROVAL
Shipments, deliveries and performance of work shall at all times be subject to approval of seller's Credit Department. Notwithstanding any other remedies, the seller may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to such Department.8. TERMS OF PAYMENT
Subject to the provisions of CREDIT APPROVAL above, terms of payment are shown, and shall be effective from date of invoice. Receipt for deposit of net payment is due within 30 days from the invoice date. Unless notified to the contrary by the Seller's Credit Department, twice-a-month payment privileges will be allowed as follows:| Invoices Dated | Discount Payment Due By | Net Payment Due By |
|---|---|---|
| 1st to 15th | 25th of current month | 10th of following month |
| 16th to last day | 10th of following month | 25th of following month |
9. ADDITIONAL CONDITIONS
(a) The seller reserves the right to reject any or all bids, or withdraw any products from sale. (b) All products are subject to prior sale or other disposition.10. TAXES
Any taxes, which the seller may be required to pay or collect with respect to this transaction, shall be for the account of the purchaser, who shall promptly pay the amount thereof to the seller upon demand.11. DELAY
The seller shall be excused for any delay in performance due to acts of God, war, fires, operating conditions, strikes, differences with workmen, delays in transportation, shortage of cars, or trucks, fuel, labor or materials, inability of the seller to obtain the products for shipment, or any circumstance or cause beyond the control of the seller in the reasonable conduct of its business.12. PURCHASER'S ACCEPTANCE OF TERMS AND CONDITIONS
The sale shall be subject to these Terms and Conditions of Sale and to any other terms and conditions contained in or referred to in the seller's offer, and not to any other terms and conditions whatsoever.13. INDEMNITY
Purchaser agrees to indemnify and hold harmless the seller from and against all claims, demands, or actions in contract or in tort, including the defense thereof, brought against the seller, whether based upon any act, omission or negligence of purchaser, or act, omission or negligence of seller, in connection with the manufacture, sale, or use of the products, or upon any defect in the products whether or not caused by the seller, its agents, or employees.