1. All orders shall be subject to the following provisions. Any exceptions thereto are not binding unless confirmed in writing by Seller.
2. Prices are subject to change without notice and will be adjusted to Seller’s prices in effect at time of shipment.
3. Delivery is subject to delay caused by riot, strike, fire, flood, accident, governmental law or order, or any other cause beyond Seller’s control, or by delay of Seller’s suppliers. Seller reserves the right to terminate delivery or cancel contract for any such cause.
4. Delivery of goods to carrier shall constitute delivery thereof to Buyer, and thereafter such goods shall be at Buyer’s risk. Any Claim by Buyer against Seller for shortage or damage occurring prior to such delivery must be made within five days after receipt of shipment. Seller will take no responsibility for dispatch (shipment) at lowest cost.
5. All goods sold by Seller are warranted to be free from defects in workmanship and material (within the Standard Warranty of Seller currently in effect), which warranty is in lieu of and excludes all other warranties, representations and conditions. Seller shall not be liable for loss, damage, or expense, directly or indirectly arising from the sale, handling or using of the goods or from any other cause relating thereto. Seller’s liability hereunder being expressly limited to the replacement of defective goods or, at Seller’s election to the repayment of, or crediting Buyer with an amount equal to the purchase price of any such defective goods. Any alteration in design or construction generally introduced by Seller prior to dispatch of the goods shall not give the Buyer cause for complaint.