- These terms and conditions “(T&C”), and/or an Estimate are a contract when signed.
- Acceptance of this Order is expressly made conditional on assent to the terms, provisions and conditions of this Order which cannot be altered by the shipment or receipt of any goods contemplated by this Order. Alterations or additions, to be binding on Buyer, must be in writing and bear the signature of Buyer’s authorized representative, Buyer hereby giving advance notice of objection to any alterations or additions purported to be made by any written expression or confirmation of acceptance of this Order by Seller unless approved in writing by Buyer’s authorized representative as aforesaid. Seller’s shipment of the goods or its execution of the Acknowledgment copy of this instrument shall constitute acceptance of all of the terms, provisions and conditions herein set forth, and said terms, provisions and conditions shall constitute the entire contract between the parties, no additional or different terms, provisions or conditions contained in a written expression or confirmation of acceptance by Seller shall become a part of the contract between the Parties even though such expression or confirmation of acceptance states that it is expressly made conditional on assent to such additional or different terms, provisions or conditions.
- Shipments shall be made via the most economical route, and in a single shipment, unless otherwise instructed in this Order. Seller shall furnish a receipted bill of lading or other receipt from the carrier. Seller is responsible for packing, crating, storage, insurance, transportation and delivery expense. Buyer’s count and weight shall be accepted as final and conclusive if a packing slip is not enclosed with shipment.
- In addition to any warranty implied by fact or law, Seller expressly warrants that the goods covered by this Order are free from defects in design, materials and workmanship, conform strictly to specifications, drawings and samples, if any, are fit and sufficient for the purpose intended and are merchantable. Any warranty of the Seller derived from a supplier or vendor of the Seller shall be effective as a limitation upon Buyer’s rights when the Seller provides a copy of such third party warranty to Buyer and is bound thereby.
- Seller shall not be liable for damages occasioned by any delay in performance or delivery due to causes beyond the reasonable control and without the fault or negligence of Seller, including, but not limited to, labor strikes and force majeure, provided that Seller promptly notifies Buyer in writing when such delay is apparent.
- Buyer shall have the right to make changes within the scope of this Order. If any change causes an increase or decrease in price under this Order, or in the time required for performance, an equitable adjustment shall be made and this Order shall be modified in writing accordingly. Any claim for adjustment under this provision must be asserted within a reasonable time not to exceed thirty (30) days from the date the change is ordered, and the amount of such claim must be stated in writing; provided, however, nothing shall exclude Seller from proceeding with the Order as changed; and further provided, however, notwithstanding any other provision herein to the contrary, if Buyer designates the goods ordered hereunder to be delivered in multiple or staggered shipments
