1. Prices
stated are those now in effect.
We reserve the right, however,
to invoice these goods at our
prices prevailing at the time of
shipment. In addition to the
prices stated herein, Buyer
shall reimburse Seller for any
excise, sales or taxes incident
to this transaction for which
Seller may be liable or which
Seller is required by law to
collect. 2. Buyer assumes all
risks of delays due to action by
governmental authority or the
public enemy, strikes,
accidents, delays of carriers,
fires, floods, unusually severe
weather, acts of God, or causes
beyond Seller's control. Seller
will make every effort to adhere
to the delivery schedule
specified on the face hereof,
but no obligation to do so is
assumed. 3. Seller shall not be
required to proceed or continue
with performance of Buyer's
order while Buyer is in default
under this or any other contract
with Seller or while any
proceedings by or against Buyer
are pending for appointment of a
receiver or under any insolvency
law or for relief under any
provisions of the Federal
Bankruptcy Act. 4. Seller's only warranty
is that the goods being sold
shall be free from defects in
workmanship and material. This
warranty is expressly in lieu of
other warranties, express or
implied and whether statutory or
otherwise, including any implied
warranty of merchantability or
fitness for a particular
purpose. Seller's liability for
breach of warranty shall arise
only upon return of the
defective goods at Seller's
expense after notice to the
Seller of the claimed breach,
and shall be limited to
furnishing a like quantity of
such goods free from such
defects or, Seller's option, to
refunding the purchase price.
Notice to Seller of claimed
defects discoverable by
inspection must be given within
20 days after receipt of
shipment. Seller shall never be
liable for any consequential
damages. 5. Charges for tools and
dies cover only a portion of
their cost. Title and right to
possession of tools and dies
will not pass to Buyer. 6. Claims for shortages
must be made within 20 days
after receipt of shipment.
Claims for non-receipt of
shipment must be made within 20
days after receipt of invoice. 7. Buyer will protect and
indemnify Seller against all
claims of infringement of
patents or copyrights or of
wrongful use of designs,
trademarks or trade names with
respect to goods manufactured
wholly or partially to Buyer's
designs or specifications. 8. After delivery of
goods to carrier all risk of
damage to or loss or destruction
of the goods shall be borne by
Buyer. Unless otherwise
specified on Buyer's order,
shipment may be made by the
method or carrier deemed most
feasible by Seller. 9. Seller warrants and
certifies that in the
performance of this contract it
will comply with all applicable
statutes, rules, regulations and
orders of the United States,
including laws and regulations
pertaining to labor, wages,
hours and other conditions of
employment, and that the goods
to be furnished hereunder will
be produced in compliance with
all applicable requirements of
the Fair Labor Standards Act, as
amended. Each of Seller's
invoices shall contain a
certificate that the goods
covered by the invoice were
produced in compliance with all
applicable requirements for the
Fair Labor Standards Act, as
amended, and all regulations and
all regulations and orders
issued there under. 10. Unless Buyer notifies
Seller of any exception to the
acknowledgment immediately after
its receipt by Buyer, the order
as acknowledged shall constitute
the entire agreement between
Buyer and Seller,
notwithstanding any terms and
conditions that appear in
Buyer's purchase order. 11. Recommendation by
Seller, if any, covering the
use, utilization, properties
and/or qualities of goods sold
hereunder are believed reliable
but Seller makes no warranty
whatever with respect thereto.
Use or application of goods sold
hereunder is at the discretion
of the Buyer without any
liability or obligation on the
part of seller except as
expressly warranted by Seller.
Copyright 1995-2008 Atlantic
Ultraviolet Corporation. All rights reserved. The information and recommendations contained in this publication are
based upon data collected by the Atlantic Ultraviolet Corporation and are believed to be correct. However, no guarantee or warranty of any
kind, expressed or implied, is made with respect to the information contained herein. Specifications and information are subject to change without notice.
Clearance/Specials
