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1) Payments are to be made in U.S. Funds in the United States unless otherwise specified. Seller reserves the right to place a service or interest charge on past due accounts at the highest rate permitted by the law of the state to which the product is shipped.
2) Seller warrants products of its manufacture for a period of one (1) year from date of shipment, to the extent that Seller will at its option repair or replace, FOB point of manufacture, any such products if by reason of faulty material or workmanship they prove defective under normal use and service, with provision that Seller does not in any manner whatsoever warrant seals or packing materials in equipment handling special or corrosive fluids or operating at unusual temperatures or pressure, except to the extent of the descriptions contained in Seller's Quotation or Order Acknowledgment. Seller makes no warranty or merchantability or fitness for a particular purpose, nor any other warranty, expressed or implied.
3) If in Seller's opinion repair or replacement will not remedy a claimed product deficiency,
or if a product of Seller's Manufacture does not comply with the description or specification set forth on Seller's Order Acknowledgment, Seller's liability shall be limited to repayment of any amounts paid on the purchase price, cancellation of order and acceptance of the product FOB point of manufacture. However, if the product has been in use for a period in excess of 30 days, Seller reserves the right to make a reasonable depreciation charge for such use. All claims for shortages must be made within 30 days after shipment.
4) Seller does not guarantee any products not of Seller's manufacture or special plating, coatings, or heat treatment applied to Seller's product.
5) Seller recommends against and will not assume any responsibility for rebuilding, repairing, special plating, coating, welding, or heat treating done outside Seller's plant by or at the request of the Buyer.
6) The Seller shall not in any event be liable for special charges, consequential, incidental or other damages arising out of or in connection with this order or the installation, use, operation, repair, replacement or service of any products furnished, including without limitation breach of any obligation imposed on the Seller under or in connection with this order. Consequential damages for purposes of this order shall include without limitation loss of use, income or profit, or losses sustained as the result of injury (including death) to any person, or loss of or damage property (including without limitation property handled or processed by the use of the product).
7) Seller shall not be liable to Buyer for any loss or damage suffered by the Buyer, directly or indirectly, as a result of Seller's failure to perform, or delay in performing, any obligation under this order, where such failure or delay is caused by fires, floods, labor troubles (including, without limitation, strikes, slow downs and lockouts), war, civil disturbances, Government regulations, inability to obtain or revocation of export or import licenses, inability to obtain goods or services from our suppliers, interruptions of or delay in transportation, material shortages, power failures, accidents, acts of God, or other causes of like or different character beyond Seller's control.
8) The risk of loss or destruction of, or damages to, the product shall be on the Buyer from and after delivery of the product to the Buyer or carrier, whichever first occurs.
9) Buyer shall pay the amount of any sales, use, compensating, intangibles, gross income or like tax, import duties, export duties, and similar charges levied by any government authority in connection with this order, but not including taxes payable on Seller's net income.
10) Buyer's order will be subject to cancellation only upon payment to Seller of reasonable cancellation charges, which shall take into account expenses already incurred, commitments made by Seller, and Seller's anticipated profit. Products incorporating variations from catalog items or specifications are considered special and are subject to cancellation only with Seller's concurrence. Items delivered as ordered may be returned unused for credit only upon Seller's acceptance, and such accepted returns are subject to a restocking charge. No item will be accepted for credit after one year from date of purchase.
11) Title to the products supplies under this order, and to any and all additions and accessories thereto and substitutions therefore, shall remain in Seller as a security interest until Buyer has completed payment of the purchase price, plus accrued interest if any.
12) These conditions shall supersede all other conditions and provisions, notwithstanding previous communications to the contrary, and shall be deemed to be incorporated in full in every document exchanged between Seller and Buyer. Any additional terms and provisions are of objection and are expressly rejected by the Seller. In the event of a conflict between these terms and conditions and conditions and provisions of any other document between the Seller and the Buyer, these conditions shall be controlling, unless otherwise agreed in writing and signed by both parties.
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