1.   This order is not subject to cancellation as whole or in part, and is not subject to change without approval of the Seller.


2.   Shipping dates are estimated only and not guaranteed. Seller shall not be liable for any losses or damages resulting from such delay or non-delivery from causes beyond its control including but not limited to fire, strikes or labor disturbances, acts of God, acts of Purchaser, acts of civil and military authority, insurrection or riot, embargoes, inability to obtain transportation facilities, wrecks or delays in transportation, or inability to obtain necessary labor, materials, or manufacturing facilities due to such causes.


3.   Shipment of all products shall be FOB point of origin as determined by Seller. All risk of loss shall pass to Buyer upon tender to common carrier, Buyer or Buyer’s agent or employee at Seller’s warehouse or other points designated by Seller.


4.   No statutory or implied warranties apply and the Seller shall not be liable for any loss or damages alleged to have been caused by the use of goods delivered, except to make replacement or to refund payment as therein stated. In no event will the Seller be liable for consequential damages.


5.   Unless otherwise specified, all prices are quoted, all orders accepted, and all billings rendered are exclusive of all federal state and local excise, sales and similar taxes. Such taxes, when applicable, will appear on separate additional items on the invoice unless seller receives a properly executed exemption certificate from Purchaser prior to shipment.


6.   All accounts are 30 days net from date of invoice unless special advance terms are arranged and shown on the copy of Sales Confirmation. Invoice shall be sent by mail, facsimile, or electronic data exchange.


7.   If, in Seller’s judgment, the financial condition of the Buyer at any time does not justify continuance of the work or shipment of the merchandise, Seller may at its options, require full or partial payment in advance or may cancel an order or any part thereof.


8.   Claims for shortages must be made within 15 days from invoice date. Claims for rejected material must be made within 30 days from invoice date. No returns of any type will be accepted without a Return Merchandize Authorization (RMA) number.


9.   It is understood and agreed that the terms, conditions or warranties of sales contained herein shall take precedence over any terms or conditions which may form a part of Purchaser’s order or appear on Purchaser’s standard form, and Seller shall not be bound by Purchaser’s term and conditions unless expressly agreed to in writing.


10.  Signed Sales Confirmation needs be returned within 10 working days from Sales Confirmation date. Otherwise, Sales Confirmation is in effect form date of issuance.