ACCEPTANCE AND ENTIRE CONTRACT.
This sales order, including these terms and conditions, constitute the entire contract for the sale of the goods described in this sales order notwithstanding any inconsistent or additional terms that may be contained in buyer's forms or documents placing or confirming the order. A specific written agreement signed by a corporate officer of seller excluding or amending these terms and conditions shall be the sole manner and method to alter them. If no specific contract exists, we accept buyer's order only on the express condition that buyer assents to these terms and conditions. Buyer's acceptance of, receipt of or payment for the goods shipped hereunder shall constitute assent to these terms and conditions. This document constitues the entire agreement of the parties. No understanding or agreement purporting to modify or vary any of the terms of this document shall be binding, unless it is in writing and signed by a corporate officer of seller. these terms described passes to buyer, whether buyer obtains possession of the goods described by some other means.
Buyer agrees that seller is not responsible for any damage, loss or injury resulting from defects in the items sold or from subsequent use of the goods. Buyer agrees as a condition of its purchase that it will defend, indemnify and hold seller harmless from any and all claims and losses arising from any purported defect in the Goods or byu any reason of the use of these items regardless of who holds, brings or makes said claim. Buyer agrees to assume all responsibility in connection with the goods upon delivery to a common carrier.
DISCLAIMER OF WARRENTIES
The goods are purchased by the buyer "AS IS WHERE IS". The seller makes no representation or warranty, express or implied. Including, but not limited to, warrenties of merchantability or fitness dor a particular putpose or any other matter with resct to the goods. Descriptions, models, samples, and specifications for the goods are not warrented by the seller to be accurate or complete. These are used only to illustrate the general type and quality of goods. The employees or representatives of the seller are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the goods.
Buyer understands that the goods have been used by persons other than the seller. Buyer understands that the goods may bear or contain hazardous chemicals or hazardous materials. Goods may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, health, or to property by reason of toxicity, flammability, explosiveness, or for other reasons during use, handling, cleaning, reconditioning or disposal.
INSURANCE AND SAFETY RULES INSURANCE
buyer shall not move, load, transport, or otherwise handle the goods on seller's premises without first having obtained insurance coverage satisfactory to seller. Certificates of Insurance evidencing insurance coverage shall be furnished to selle. Purchaser shall comply with seller's plant safety rules and regulations.
Delivery or other performance hereunder may be suspended in case of act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, breakage of machinery or apparatus, national defense requirements, or any case beyond the control of such party preventing the shipment of goods. Suspended deliveries shall be cancelled without liability, but the Terms and Conditions shall otherwise remain unaffected.
Seller reserves the right to terminate this contract or suspend further performance in the event buyer fails to make any payment when same becomes due. Should buyer's financial condition become unsatisfactory to seller, cash or satisfactory security may be required by the seller for future delivery of goods.
Buyer has inspected the goods or hereby acknowledges that seller invited and cautioned buyer to inspect same because seller has not made and cannot make any representation in connection with their condition. Buyer assumes all risks fomr handling, storage, resale, disposal, or from use or disposition of the goods. Buyer agress to defend and indemnify hold seller harmless for any amounts seller may pay pursuant to judgement or settlement (including attorny fees) of any claims made against seller by reason of damage to property or injury to persons resulting from buyer's handling, storage, resale, disposal, or from any other use or dispostion of the goods.
TERMS OF PAYMENT
100% payment due before shipment, unless specifically agreed to in writing to the contrary.