|A. Any Sales Tax,
Manufacturer's Tax, or Use Tax imposed by
Federal, State or Municipal Law is to be added to the prices and assumed
B. Seller is not responsible for delays, defaults, or damages
occasioned by any causes beyond seller's control including, without
limitation, governmental actions or orders, embargoes, strikes, fires
and floods. In any event, partial deliveries shall be permitted at
C. Cancellations of orders placed with and accepted by us, can be
made only with our written consent. Upon request to cancel, we will
advise amount of cancellation charges, in addition to charges for dies,
work in process, products produced, including machine work, etc., and
all liability for raw materials. Should you change your material
specification for your order after we have ordered or received the
material, you are to assume all liability for the material covered by
your initial specification
D. It is understood that dies, tools, and patterns required to
produce the article quoted on shall remain the property of FVC.
Preparation charges or charges for dies, tools, and patterns represents
only a portion of cost. Payment of such charge does not give you any
right, title, or interest in such dies, tools, or other products of
E. Purchaser represents that purchaser is solvent and can and will
pay for products delivered to purchaser in accordance with the terms
hereof. However, seller retains the right to require full payment in
advance if in seller's sole discretion the financial position of the
purchaser so requires.
F. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE
FACE HEREOF EXCEPTING ONLY THAT EACH PRODUCT SOLD
|HEREUNDER IS WARRANTED TO
BE FREE FROM MANUFACTURING DEFECTS, AND IF
DEFECTIVE, WILL EITHER BE REPAIRED OR
REPLACED WITHOUT CHARGE OR THE PURCHASE
PRICE WILL BE REFUNDED, AT THE OPTION OF
SELLER. SELLER MAKES NO OTHER WARRANTY. EITHER EXPRESS OR IMPLIED.
SELLER'S LIABILITY IS LIMITED TO THE SALE PRICE OF THE PARTICULAR
PRODUCT. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL
DAMAGES OR FOR EXPENSE OCCASIONED BY THE USE
OF DEFECTIVE PRODUCTS. SELLER'S LIABILITIES AS ABOVE SET OUT SHALL NOT
BE EXTENDED BECAUSE OF ADVICE GIVEN BY SELLER
IN CONNECTION WITH THE DESIGN, INSTALLATION
OR USE OF ANY PRODUCT. PURCHASER AGREES THAT IF THE PRODUCTS
SOLD HEREUNDER ARE BY PURCHASER RESOLD, PURCHASER
WILL INCLUDE IN THE CONTRACT FOR RESALE, PROVISIONS
WHICH LIMIT RECOVERIES AGAINST THIS SELLER IN
ACCORDANCE WITH THIS PARAGRAPH.
G. Claims for shortages must be filed within ten days of receipt of
H. We assume no responsibility if the manufacture and sale to you of
the items specified by you is an infringement of patent rights of other
persons, you assume responsibility for and will protect us from such
infringement liability, except as to our own manufacturing equipment and
I. Stenographic or clerical errors are subject to correction.
J. Deferred deliveries are subject to FVC, written approval.
|K. Purchases from us may
not be returned without our written consent.
L. These terms and conditions shall control in any contract resulting
from or arising out of this quotation, price sheet, or acknowledgment,
regardless of printed terms, conditions or provisions found in responses
hereto or documents giving rise hereto, all of such printed matters
incorporated therein being deemed waived insofar as the same differ from
these terms and conditions, unless such differing terms, conditions or
provisions shall be specifically asserted for inclusion in written form
other than printing and be specifically accepted by seller as a change
in these terms and conditions by express reference in writing. The
applicability of this paragraph is an express condition to any contract
being formed between us.
M. Catalog product presentations including catalog dimensions,
designs and specifications are representative of product availability at
time of publication only. Actual geometry dimensions and designs are
subject to designs and manufacturing changes without notice.
N. Material quoted as being available from stock is normally
available for immediate shipment but subject to prior sale.
O. The above and foregoing terms and conditions are the final
expressions of the terms and conditions of the contract which may be or
is formed between us and they are intended also as a complete and
exhaustive statement of the terms and conditions of such agreement.
P. The prices are/or may be subject to a surcharge to customers, who,
by reason of current or prior trade or business practices or course of
dealings with FVC have increased or may increase marketing or