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XMULTIPLE
warrants that the materials will conform to the description
on the face of order, that it will convey good title thereto,
that the materials will be delivered free from any lawful
security interest or other lien or encumbrance unknown to
buyer and that the materials will be free from defects in
material and workmanship. There is no implied warranty of merchantability. There is no other warranty expressed
or implied, except such as is expressly set forth herein and this warranty
expressly excludes materials which have been subject to
neglect, accident or improper use and materials which have
been altered by other than XMULTIPLE's personnel.
XMULTIPLE will not be liable for any general, consequential
or incidental damages, including without limitation any
damages for loss of use or loss of profits, for any breach
of warranty or for negligence, XMULTIPLE's liability and
buyer's exclusive remedy being expressly limited to the
repair of defective materials, or the shipment of equivalent
materials, or the replacement of the purchase price upon
return of the materials, or the granting of a reasonable
allowance on account of defects, as XMULTIPLE may elect. XMULTIPLE will be given reasonable opportunity to investigate
all claims, and no materials may be returned by buyer to
XMULTIPLE until after receipt by buyer of definite shipping
instructions from XMULTIPLE.
The
materials will be subject to XMULTIPLE's standard tolerances
for variations.
Dates
of shipment stated in order acknowledgment, become effective
on and after date of receipt at XMULTIPLE's plant of complete
manufacturing details.
XMULTIPLE
will use its best efforts to adhere to shipping dates. However, XMULTIPLE shall not be
responsible or liable, either directly or indirectly, for
any loss or damage due to delay in delivery caused by war,
hostilities, invasion, insurrection, riot, the order of
any competent civil or military government or by fire, strikes,
lockouts, or labor disputes or lack of transportation or
shortages of raw materials or by any other cause, whether
or not of a similar nature, which is unavoidable or beyond
its reasonable control.
Materials
not ordered forwarded by buyer as agreed must, at XMULTIPLE's
option, either be paid for as if shipped upon the expiration
date or the period within which they were to have been taken
or the order canceled on terms and conditions that will
fully indemnify XMULTIPLE against all losses.
Where no shipping date is specified, shipment will
be made at the convenience of XMULTIPLE.
No
waiver by XMULTIPLE of any breach of any provision hereof
will constitute a waiver of any other breach of such provisions
contained in any communication from buyer will not be deemed
an acceptance of such provisions or as a waiver of the provisions
hereof. All
orders are subject to correction of stenographic and clerical
errors. The
terms and conditions of sale contained herein may not be
amended, modified or rescinded, except by written agreement
signed by an authorized official of each party expressly
referring hereto.
All
Xmultiple's terms and conditions apply to all orders.
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