Prices are subject to change without prior notice. All shipments will be invoiced at prices in effect at the time of order acceptance.
SELLER’s prices do not include sales, use, excise or similar taxes. Thus, in addition to the price specified herein, any present or future sales, use, excise or similar taxes applicable to the products sold here under shall be applied to the price and paid by the Purchaser.
Net cash, PREPAID with VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, PAYPAL or ACH BANKING TRANSFER.
F.O.B. MINNEAPOLIS, MN unless otherwise agreed in writing. In all cases, risk of loss or damage to goods in transit shall fall to the Purchaser, who shall file any resulting claims with the carrier. SELLER shall not be liable for delay in delivery or failure to or delay in manufacture due to causes beyond its reasonable control, nor shall SELLER be required to allocate production and deliveries in this event, among customers. For Export orders, shipment date is subject to extensions of time as required to obtain any necessary export license. SELLER reserves the right to make partial shipments unless other instructions are given.
PURCHASER may cancel an order provided written notice by fax is given to SELLER prior to the commencement of shipping. If order has shipped has started, SELLER shall charge the full invoice price.
WARRANTY AND LIABILITY
SELLER WARRANTS THAT THE PRODUCTS TO BE DELIVERED SHALL BE OF THE TYPE ORDERED, AND SHALL CONFORM TO SELLER’S FINISHED PRODUCT QUALITY STANDARDS. SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER’S LIABILITY UNDER THE ABOVE WARRANTIES SHALL NOT EXCEED THE COST OF CORRECTING ANY DEFECTS IN OR REPLACEMENTS OF THE PRODUCTS DELIVERED, OR AT THE SELLER’S OPTION, REFUND OF THE PURCHASE PRICE OF SUCH PRODUCTS. IN NO EVENT SHALL SELLER’S OBLIGATION AND LIABILITY UNDER THESE TERMS AND CONDITIONS OF SALE EXTEND TO DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES PURCHASER MAY SUFFER OR INCUR IN CONNECTION THEREWITH. NOR SHALL IT EXTEND TO DAMAGES OR LOSSES PURCHASER MAY SUFFER OR INCUR AS A RESULT OF CLAIMS, SUITS OR OTHER PROCEEDINGS MADE OR INSTITUTED AGAINST PURCHASER BY THIRD PARTIES, WHETHER PUBLIC OR PRIVATE IN NATURE. SELLER SHALL NOT BE LIABLE FOR ANY BREACH OF THE ABOVE WARRANTIES UNLESS IT RECEIVES WRITTEN NOTICE OF SUCH BREACH WITHIN ONE YEAR FROM THE DATE OF SHIPMENT OF THE PRODUCTS TO WHICH THE BREACH RELATES SO LONG AS WRITTEN NOTICE WITHIN THE ONE YEAR IS RECEIVED WITHIN 30 DAYS AFTER THE DEFECT BECOMES APPARENT.
Purchaser shall hold SELLER harmless against any expense and loss including attorney’s fees, from infringement of patents or trademarks arising from compliance with Purchaser’s designs, specifications or instructions in the manufacture of the products.
The terms and conditions set forth herein shall constitute the final, complete and exclusive terms and conditions of sale. Advice and opinions expressed concerning SELLER’S products shall in no way been deemed to be approval of the design or method of construction of the plant or equipment in which the products are to be incorporated. Purchaser shall be bound by the terms and conditions herein when it executes and returns an acknowledgment copy to SELLER, or when it otherwise indicates acceptance of these terms and conditions, or when it accepts delivery from SELLER or pays SELLER for any products, goods or services specified herein. SELLER’S obligations are expressly limited to the terms and conditions stated herein and any additional or different terms and conditions proposed by Purchaser in any offer, order, acceptance or other writing, or otherwise, are rejected by SELLER unless expressly assented to in writing by SELLER.