TERMS AND CONDITIONS OF ALL SALES

PRICES:  All orders will be accepted on a “Price in effect at date of shipment” basis.

TAXES:  In addition to the purchase price, the Buyer shall reimburse the Seller for all taxes or other charges which the Seller may be required to pay any National, State or Local Governments upon the sale, production or transportation of the goods sold hereunder.  Seller is only authorized to collect sales tax in the states of N.Y. & N.J.

DELIVERY:  Shipping dates are estimated only & not guaranteed.  Seller will not be liable for any damages due to any delay in shipments for any reason whatsoever.  Title & risk of loss or damages passes to Buyer on delivery to carrier.

TERMS:  F.O.B. SHIPPING POINT, NET 30 days to firms whose credit has been approved.  All others C.O.D.  All balances over 30 days will be charged interest at the rate of 1-1/2 % per month—18% per year.  Returned goods subject to a restocking charge of 15%.  All invoices must be paid in U.S. funds.

PATENTS:  Any items produced to Buyer’s specification, Buyer agrees to indemnify and hold harmless Seller against any and all loss arising out of any patent infringement.

USE:  Buyer shall determine the suitability of all products for their intended use and assume all risk and liability in connection herewith.

QUANTITY:  On non-standard items, Seller reserves the right to over or under ship in quantity not exceeding 10% of the total amount ordered.

CANCELLATION: All size and styles of merchandise not listed in our current price list, all fractional sizes, all goods containing Nitrile rubber, and any other items so designated shall be considered SPECIAL NON-STANDARD MERCHANDISE MADE TO CUSTOMER’S  SPECIFICATIONS and as such, order is not subject to any change in size or quantity,  return, cancellation, refund or credit.

GOVERNING LAW:  All sales shall be governed by the laws of the State of New York and specifically by the Uniform Commercial Code as enacted by the State of New York.

ACCEPTANCE OF CONTRACT:  All sales are expressly limited to only the terms stated herein.  Any additions or different terms proposed by the Buyer are rejected.  Delivery of goods to carrier by Seller or use of such goods by Buyer shall constitute a contract embodying all and only the terms stated herein.  The conditions & terms stated herein constitute the entire contract between the Buyer & Seller transcending any oral arrangement or representation which may be inconsistent therewith.

LABOR LAWS:  Seller certifies that the merchandise described herein is produced in compliance with the requirements of section 12 (a) of the Fair Labor Standards Act of 1938 as amended.

WARRANTY:  THERE ARE NO WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.  THE PRODUCTS SUBJECT TO THE SALES INVOICE ARE ALL SOLD AS IS.

INDEMNIFICATION:  Purchaser agrees to hold harmless and indemnify the manufacturer, distributor & seller for any & all claims & loss, including attorney fees, for property damage or bodily injury cause or alleged to be caused by the use, design or manufacture of the product herein sold.  This agreement extends not only to acts of the purchaser but also specifically covers alleged negligence on the part of the manufacturer, distributor & seller as well as any warranties express or implied, alleged or given by the manufacturer, distributor or seller.