TERMS The
following terms and conditions govern all sales of Osborne Welding
Company, L.L.C. ( hereafter referred to as OWC) whether made pursuant to
oral or written orders to its sales personnel, representatives, or office;
and are hereby deemed to be accepted by the purchaser. 1. Open
account items are subject to prior credit investigation and credit
approval. Accounts past due shall bear interest at a rate deemed by OWC
per annum unless otherwise agreed upon in advance. 2.
Reasonable doubt of the purchaser's financial responsibility shall
entitle OWC to stop operations, decline shipments, or stop any material in
transit without liability; until the purchaser shall have paid for the material
or satisfied OWC of his financial responsibility. 3. OWC will
not be responsible for loss or damage arising from delays caused by fires,
accidents, floods, strikes, delays of carriers, or others; or any agency
beyond its reasonable control; but it will use its best efforts at all
times to make delivery times specified on the order. Acceptance of
material on delivery shall constitute a waiver or any claims for damage on
account of delay. 4. No retainage will be allowed on any job at any
time. 5. Any
claim by the purchaser against OWC for shortage or damage occurring prior
to such delivery must be made within 5 days of shipment and accompanied by
the original transportation bill signed by the carrier noting that the
carrier received the goods from OWC in the condition claimed. 6. OWC's written
consent must be obtained before returning any materials. 7. OWC shall not be responsible for any claims
while the products are in transit via common carrier. Any claims the
purchaser may have due to damage in transit shall be made by the purchaser
against the carrier. 8. DELIVERY: OWC shall use its best efforts to
deliver the products ordered within the time specified on the order. OWC
shall not be held liable for any default due to causes beyond its control
and without its fault or negligence. OWC shall not be held liable for any
consequential damages resulting from the performance of this contract and
in any event, its sole liability shall be limited to the repair or
replacement of the product. 9. Subject
to the standard manufacturing variations, OWC warrants that the goods
furnished shall conform to specifications and to the description on the
face of the invoice. OWC makes no other warranties or representations,
express or implied, and specifically excludes all warranties of merchant
ability and fitness for particular purpose. 10. No claims for damages for goods that do not
conform to specifications will be allowed unless OWC is given immediate
notice after delivery of goods to the first destination to which they are
shipped and allowed the opportunity to inspect them. Goods for which
damages are claimed require OWC's written consent before being returned,
repaired, replaced, or discarded. The purchaser's exclusive remedy and
OWC's sole liability shall be limited to replacing the good that do not conform
to specifications, or at OWC's option, to refund the purchase price of the
goods. In no event shall OWC have any liability for damage in connection
with the sale of goods in an amount that exceeds the purchase price of the
goods sold and OWC shall have no liability for consequential damages. The
exact cost of back charges must be approved by OWC before the work is
done. © 2009 – Osborne Welding