Not Withstanding Any Different Or Additional Terms That May Be Embodied In Customer’s Order Acceptance Of Customer’s Order Is Expressly Made Conditional On Your Assent To The Terms And Conditions Set Forth Below And On The Reverse Side Hereof And On Attachment (S) Hereto And They Shall Constitute The Complete Agreement Between The Parties. These Terms And Conditions May Be Varied Or Customer’s Order Terminated In Any Manner Unless By Written Agreement With Legal Consideration Subsequently Sign By An Officer Of United (“The Company”). Other Representatives Of The Company Are Not Authorized To Vary The Acknowledgement Shall Constitute Acceptance Of Said Terms And Conditions And They Shall Be Controlling In The Case.
Unless stated to the contrary on the face hereof, all goods furnished hereunder will be shipped F.O.B. point of shipment and title and the right of possession to such goods shall pass to the customer upon the Company’s delivery to the carrier at point of shipment.
Tooling set-up, fitting-up, drawings, design information and partial preparation charges when invoiced cover only part of the cost thereof to the company. The customer does not acquire any right, title or interest in any tooling, set-up, fitting-up, drawings, design information or invention resulting therefrom.
All shipping dates are tentative. The company will not be responsible for delays or non-performance directly or indirectly caused by governmental regulations or requirements, act of God, unavailability of materials, work stoppages, slow downs, boycotts and other causes (whether or not similar in nature to any of these hereinbefore specified) beyond Company’s reasonable control.
There Is No Warranty By The Company That The Goods Shall Be Delivered Free From Any Claim Of Any Third Person By Way Of Infringement. There Is No Undertaking By The Company With Respect To Patent Or Trademark Infringement.
The Company Warrants That The Articles Delivered Hereunder Shall Be Free From Defects In Material Workmanship And Fabrication. This Warranty Shall Extend For A Period Of Forty Five (45) Days After Day Of Delivery Of Such Articles To Buyer. The Company Makes No Other Warranty, Express, Implied (Indcluding But Not Limited To The Warranties Of Merchantability And Fitness For Intended Purpose), Or Statutory Other Then The Foregoing Express Warranty. Failure Of Customer To Submit Any Claim Hereunder Within Forty Five (45) Days After Receipt Of Such Articles Shall Be An Admission By Customer And Conclusive Proof That Such Articles Are In Every Respect As Warranted And Shall Release The Company From Any And All Claims For Damage Or Loss Sustained By Customer. In The Event Customer Timely Submits A Claim For Breach Of Warranty, The Parties Agree That Customer’s Sole And Exclusive Remedies Shall Be Limited To The Repair Or Replacement Of Such Defective Article Or A Refund Of The Price Of The Defective Articles. In No Event Shall The Company Be Liable For Incidental Or Consequential Damages.
The Company shall have the right to suspend or cancel this agreement at any time upon customer making an assignment for the benefit of creditors or becoming bankrupt or insolvent or upon a petition being filed in a court of competent jurisdiction proposing the appointment of a receiver or that the customer be adjudicated bankrupt or insolvent or reorganized under the provision of any applicable bankruptcy or insolvency act.
Seller’s price does not include sales, use, excise or similar taxes. Accordingly Buyer shall, in addition to prices specified by Seller, pay any sale, use, excise or similar tax attributable to the sale of the goods covered hereby, or, in Lieu thereof, provided seller with tax exemption certificates acceptable to the taxing authorities.
This agreement and performance by the parties hereunder shall be construed in accordance with the laws of the state of Illinois. Both parties agree that venue in such action will be Cook County, Illinois.
Unless specifically noted heron, qualification tests and any test data are not included in the selling price. Qualification tests may be performed by the company any test data supplied at the specific request and expense of the Customer.
On Time Circuits Inc.
3121 Ridgeland Avenue Lisle IL 60532. Phone : 866-409-2244 Fax : 630-955-1117 Email : email@example.com