1. CANCELLATIONS: An order placed with and accepted by the Seller can be cancelled only with the Seller's consent and upon terms that will indemnify the Seller against loss.
2. RETURNED GOODS: Positively no returned goods will be accepted for credit unless permission to return such goods is first secured from the Seller.
3. PRICES: All orders or contracts accepted will be invoiced at the Seller's prices in effect on the date of shipment. However, if copper or other metal suppliers change their terms of sale from price in effect on date of shipment to a firm price for future period, the Seller reserves the right to change its terms to a like basis.
4. TAXES: The amount of any present or future sales or other similar tax applicable to the material shall be added to the prices contained herein and paid by the Buyer in the same manner and with the same effect as if originally added hereto.
5. CREDIT: Credit and delivery of goods shall be subject to the Seller's approval and the seller reserves the right to alter the terms and fix a limit of credit.
6. SHIPPING TERMS: Shipments are made F.O.B. shipping point except with special contract terms. The Seller's responsibility for shipment ceases at the time the transportation company accepts the shipment. The Seller will not be liable for loss or damage in transit, but will make every effort to assist the Buyer in any claim he might enter.
7. WARRANTIES: Any claim for defective materials, imperfect manufacture, shortage in count, or any other cause shall be presented by the Buyer within thirty (30) days from the receipt of goods. Seller will either make an allowance or replace such quantity of the product as shall prove to be defective or short in count. Seller shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use of or the inability to use the product. Before using, user shall determine the suitability of the product for his intended use and user assumes all risk and liability whatsoever in connection therewith. Any claim for defective material or workmanship must be verified by Seller's authorized representative and, in such a case, Seller's liability is limited to replacement or repair of such part of the material in question as Seller may decide is defective after proper examination.
The foregoing may not be changed except by an agreement signed by the officer of Seller. SELLER MAKES NO OTHER WARRANTY WITH REPSECT TO THE PRODUCT INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. CLERICAL ERRORS: All stenographic and clerical errors are subject to correction.
9. DELIVERIES: Shipping dates are approximate and dependent upon the Seller's receipt of all details essential to the proper execution of the Buyer's order. In case of delay in furnishing complete information, date of shipment may be extended for a reasonable time depending upon conditions at the factory.
The Seller shall not be held liable for any delays in manufacturing or delivery of materials if any such delay shall have been caused by one or more of the following: fires; lockouts; strikes; labor disputes; floods; accidents; delays in transportation; shortage of labor, fuel, power, metals or other materials, facilities or supplies; war blockades or embargoes; acts or requirements of any State or the Federal Government, or any other department or agency thereof; or by any other causes whatsoever beyond the Seller's control whether of a similar or a different nature than the foregoing, and any delays resulting therefrom shall be excused so long as such cause or causes shall exist, the Buyer being obligated to accept all delayed deliveries in the regular course after such causes shall have ceased to exist.
10. CONTRACTS: All orders or contracts are accepted in accordance with the Seller's standard terms and conditions of sale prevailing at the time such orders or contracts are accepted.
11. WAIVERS: Waivers by the Seller of strict compliance with any one or more of the conditions of terms of sale is not to be considered a waiver of any other clause of the terms of sale.
12. SHIPMENTS: Each shipment shall be treated as a separate and distinct contract but, if the Buyer shall fail to fulfil the terms of payment; the Seller may without prejudice to any other lawful remedy defer further shipments until payments are made or cancel this contract.
13. INSOLVENCY OF BUYER: If the Buyer shall make an assignment for the benefit of Creditors or a voluntary or involuntary petition or other action in bankruptcy or for reorganization or under any other insolvency law shall be filed by or against the Buyer or the Buyer shall admit its inability to pay its debts or a trustee, receiver or liquidator is appointed for any part of the assets of the Buyer, then the Seller may at its option immediately terminate further work on any orders from the Buyer on the basis of the percentage of completion at that time and on the price stated in each such order.
14. FAIR LABOR STANDARDS ACT: Seller hereby certifies that these goods were produced in compliance with all applicable requirements of sections 6, 7, 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor under section 14 thereof.
15. RETURNABLE REELS: Title of ownership of returnable reels indicated on this invoice remains with the Seller and the amount of the deposit as indicated will be retained by the Seller as security for the safe return of the reels and shall constitute liquidated damages in case reels are not returned in reasonably good condition. Buyer shall forward returnable reels to the Seller freight collect in lots of 300 pounds or more.
16. Interest added at legal rate after due date.
17. Unless otherwise stated, MWS shipping tolerance is +/- 10%.
18. LIMIT OF LIABILITY: All orders accepted by MWS where customers supply materials for further processing are accepted, subject to the following conditions: 1) MWS is not responsible for the cost or replacement of customer supplied materials, 2) MWS's total liability is limited to MWS's sale price to the customer when materials are properly returned and found defective or not as ordered.