Seller shall be excused from performance hereunder for strikes, accidents, fires, availability of materials and all other causes beyond Seller’s control.
Prices are based on costs and conditions existing on the date of quotation and are subject to change by the Seller before final acceptance.
Typographical and stenographic errors are subject to correction by Seller. Purchaser may not, at any time, terminate contract, or make any changes unless mutually agreed to in writing. Should changes cause an increase in the cost of, or the time required for the performance of any part of the work under the purchase order, an equitable adjustment in price and/or delivery will be made.
Purchaser assumes liability for and indemnifies Seller against any cost, liability damage, or expense relating to patent of copyright infringement when goods are made to Purchaser’s specifications.
When this quotation specifies material to be furnished by the Purchaser, ample allowance must be made for reasonable spoilage and material be of suitable quality to facilitate efficient production. Seller is not responsible for risk of loss or damage to any materials supplied to Seller by Purchaser, whether such loss or damage occurs in or outside the course of normal manufacturing processes.
Terms inconsistent with, or in addition to, those stated herein, which may appear on Purchaser’s formal order will not be binding to Seller, and Seller’s failure to object to any such terms shall not constitute acceptance of Purchaser” terms, and shall not constitute a waiver of Seller’s terms.
Seller warrants that all products manufactured by Seller and sold hereunder are free from defects in material and workmanship. The liability of Seller under this express warranty is limited to replacement of the defective products, provided Seller is given 30-day written notice of such defect. The foregoing shall constitute the exclusive remedy of Purchaser, or anyone purchasing from Purchaser, directly or indirectly. In no event shall Seller be liable for any damages whatsoever, including, but not limited to, consequential damages resulting from defective products.
This contract shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the law or conflicts of law governing in the Commonwealth and without regard to any rule of interpretation or construction relating to which part drafted the terms of this contract.