STANDARD TERMS OF SALE
This quotation does not constitute a firm offer by The Abbott Ball Company (herein "Seller"), but is an invitiation for your purchase order. All purchase orders are subject to final acceptance by Seller at West Hartford, Connecticut, as Connecticut contracts and are subject to the following terms and conditions:
1. Prices. All prices for each shipment of goods hereunder shall be Seller's prices in effect on date of shipment, subject to the provisions of Paragraph 4. Buyer will pay the price as so established. All prices and deliveries are F.O.B. Seller's plant at West Hartford, Connecticut.
2 .Terms of Payment. Net cash 30 days. Bills will be dated the day of shipment.
3. Packing. No changes will be made by Seller for packing or casing any material shipped in standard packages. Where special cases are required or other than standard packing is necessary, the expense thereof will be charged to Buyer.
4. Taxes. All taxed including without limitation excise, sale or use taxes, imposed by any taxing authority in respect to the products specified herein shall be for the account of Buyer and, if paid or required to be paid by Seller, the amount thereof shall be added to the price payable by Buyer.
5. Delays. Seller shall not be responsible for any delays in deliveries which are directly or indirectly caused by or due to strikes, differences with workmen, transportation delays, fires, floods, riots, accidents, war, governmental orders, restrictions or interference, shortages of labor, fuel, power, materials of supplies, or any other cause beyond Seller's control.
6. Variations. Seller reserves the right to over ship or under ship 10% of the amount ordered unless it is otherwise specifically agreed.
7. Indemnity against Patent Infringement. Buyer agrees to assume all patent liability for goods manufactured by Seller to Buyer's design or specifications or specially designed by Seller to meet Buyer's specifications.
(i) Warranty. Seller warrants to Buyer all of the products sold by it to Buyer for a period of six (6) months from date of shipment against defects in material and workmanship only. Unless otherwise specified by Buyer, Seller will manufacture the products according AFBMA Standards No. 10. Notice of any claimed defect must be given to Seller within seven (7) months from date of shipment and Seller shall have the right of inspection while the product is in the claimed defective condition. Seller's sole obligation and liability on account of defective material or workmanship shall be to replace free of charge any products found defective upon inspection.
(ii) Exclusion of Other Warranties. The foregoing warranty and remedy are tendered and accepted in lieu of any and all other warranties, guarantees, or representations, including warranties of merchantability, express or implied, arising out of the sale by Seller of its products, and in lieu of any and all obligations or liabilities of Seller to Buyer or any third party based on tort or other grounds arising out of the sale, use or possession Seller's products. Seller' agreement hereunder runs only to the immediate purchase and does not extend expressly or by implication to any other person. In no event shall seller be liable for incidental or consequential damages. The foregoing Warranty shall be governed by the Uniform Commercial Code.
9. Changes. After acceptance by Seller of Buyer's purchase order, any changes of specifications may be made only with Seller's written consent and a charge which Seller shall determine reasonably sufficient to cover its additional costs.
10. Cancellation. Orders accepted by Seller are not subject to cancellation except with Seller's consent and after arrangement of terms which will indemnity Seller for any losses or damages occasioned by such cancellation.
11. Legal Obligations.
(i) Seller accepts no terms other than those set forth above. Receipt of this quotation by Buyer without written direction to Seller within ten (10) days form the date of this quotation shall constitute acceptance of these terms by Buyer.
(ii) Seller accepts no terms other than those set forth above. Receipt of this quotation by Buyer without written directions to Seller within ten (10) days of the receipt of this quotation and the same shall be subject to negotiation and separate written acceptance by Seller.
(iii) Any acceptance by Buyer of goods shipped hereunder shall of itself constitute an acceptance of all of the terms hereof.
(iv) All terms of this quotation are herein set forth, and no change in or addition to the terms and provisions hereof shall hereafter be made unless approved in writing by Seller.
(v) No agent, employee or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning the goods sold hereunder, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically and expressly set forth in this document, it shall not be enforceable by Buyer.