LIMITATION ON WARRANTIES AND REMEDIES
TERMS AND CONDITIONS OF SALES FOR AIR STAMPING, INC.
A. Warranties and disclaimers of warranties as to products manufactured by Air Stamping, Inc.
Air Stamping, Inc. warrants only that product manufactured by Air Stamping are to be free from defective materials and workmanship for a period of one year from the date of invoice, provided said items are used in accordance with Air Stamping, Inc. specifications and without fault of the Buyer. AIR STAMPING, INC. GIVES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS. AIR STAMPING, INC. GIVES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
B. Disclaimer of warranty as to products not manufactured by Air Stamping, Inc.
Air Stamping, Inc. does not warrant in any fashion any products represented by Air Stamping, Inc. but not manufactured by it , even though Air Stamping may represent such product and such product may be purchased through Air Stamping, Inc. Such products may be under warranty by the manufacturer's standard warranty, but it is the Buyer's responsibility to determine the terms of any such manufacturer warranty.
C. Exclusive remedies
Buyer's remedy of replacement of part, (or at Air Stamping, Inc.'s option to refund of the purchase price for the part), is the Buyer's sole or exclusive remedy against Air Stamping, Inc. arising out of the purchase of the equipment or parts hereunder.
D. Time to bring suit
The Buyer agrees that in no event may any lawsuit arising out of this contract or relating to products sold hereunder be filed against Air Stamping, Inc. more than one year from the date the cause of action accrues.
E. Limitation of damages
Under no circumstances shall Air Stamping, Inc. be liable to Buyer for incidental or consequential damages or claims of any kind, whether arising in contract, tort, negligence, strict products liability, statutory or regulatory violation or under any other legal theory.
All quotations submitted by Seller to Buyer shall expire after thirty (30) days, unless otherwise stated on the quotation.
G. Prices, Invoices, & Orders
All prices and offers to sell are subject to change without notice, unless stated in a written document signed by Seller stating that such prices and offers to sell are firm for a definite period, and in all cases are subject to withdrawal at any time before acceptance by the Buyer. All sales prices are subject to change without notice by Seller prior to the acceptance of orders. All goods shall be invoiced at Seller's prices as in effect as of the date of shipment of the Goods, unless otherwise agreed to in a written document signed by Seller. All prices set forth in Seller's catalog, price sheets, quotations and other documents are subject to change without notice to Buyer. All prices quoted by Seller shall be f.o.b. Seller's plant of manufacture. Seller shall endeavor to advise Buyer of any fluctuations in the price of Goods; however, all prices of Goods shall be subject to adjustment to reflect prices as in effect as of the date of shipment of the Goods ordered by Buyer.
All manufacturer's excise taxes, use taxes, sales tax, or other taxes or duties of any nature whatsoever arising against orders accepted by Sellers shall be added to the prices quoted or invoiced by Seller to Buyer and shall be paid by the Buyer unless Buyer shall furnish Seller at the time of acceptance of an order by Seller an exemption certificate or other documents acceptable to the particular taxing or customs authorities which clearly indicate that no such taxes or duties are payable in respect to such order.
I. Cancellation - Returns
No cancellations of an order will be permitted by Seller unless agreed to in writing by an authorized representative from the home office of Seller. Upon cancellation of any order, Buyer shall reimburse Seller for all costs resulting from cancellation of the order, including without limitation all costs for, material set-up, manufacturing and all other costs incidental to the cancellation of such order. Buyer shall not change any specifications, shipping schedules or other terms and conditions of any order without the prior written consent of Seller. In the event that Seller agrees to any such changes, Buyer shall reimburse Seller for all costs arising form such changes, including without limitations, all labor, material set-up, design, manufacturing and all other costs incidental to the modification of the order.
J. Terms of Payment
Unless otherwise stated on the face hereof, payments against invoices shall be due and payable thirty (30) days from the date of Seller's invoice.
K. Shipment, Risk of Loss, Delivery
Unless otherwise agreed in writing by Seller, all shipments of Goods shall be made f.o.b. Seller's plant of manufacture. Risk of loss pass to the buyer upon delivery of the goods at Seller's plant of manufacture to the carrier by the Seller, irrespective of the method of shipment or payment. In the absence of specific shipping instructions, methods of shipment of shipment will be determined at the sole discretion of Seller, without liability to Seller. All standard packing charges for Goods shipped within the United States are included in the price quoted to Buyer.
Seller shall not be liable for any delay in the delivery or shipment of the Goods or for any damage suffered by Buyers by reason of such delay when such delay: is directly or indirectly caused by, or in any manner arises from, fire, flood, accident, riot, war, government interference, strike, shortage of labor or material, inadequate transportation facilities or any cause or causes beyond Seller's reasonable control. Seller shall attempt in good faith to meet scheduled delivery dates, but in no event shall Seller be liable for any liquidated, special, consequential or other damages arising from any such delays or failures to comply with scheduled delivery dates. Claims for shortage of Goods will not be accepted by Seller unless received by Seller fifteen (15) days from the date of shipment of the Goods.