LAMTEC CORPORATION
Standard Terms & Conditions
1. PRICE; PAYMENT
All prices are EXW shipping point unless otherwise stated. Upon credit review, payment terms will be established and communicated in writing.
2. MEASUREMENTS; SHIPMENTS
SELLER's measurements taken at shipping point shall govern. SELLER reserves the right to route shipments.
3. WAIVER
Failure of SELLER to exercise any right under the contract shall not be deemed a waiver thereof.
4. TAXES
BUYER shall reimburse SELLER for all taxes excises or other charges which SELLER may be required to pay to any government (national, state or local) upon or measured by, the production, sale, transportation, delivery or use of the materials sold hereunder.
5. PATENTS
SELLER reserves the right to discontinue deliveries of any material if, in the opinion of SELLER, its manufacture, sale and/or use would infringe any Letters Patent now or hereafter issued and under which SELLER is not licensed.
6. DISCLAIMER OF WARRANTIES
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION HEREIN, AND SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER OF FITNESS OR MERCHANTABILITY OR OTHERWISE, EXCEPT THAT THE MATERIALS SOLD HEREUNDER SHALL CONFORM TO SELLER'S SPECIFICATIONS, AND BUYER ASSUMES ALL RISKS WHATSOEVER AS TO THE RESULT OF THE USE OF THE MATERIALS PURCHASED, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER SUBSTANCES.
7. LIMITATION OF CLAIMS
No claim by BUYER of any kind shall be greater in amount than the purchase price of the materials in respect of which damages are claimed. In addition, SELLER shall have no liability whatsoever for special, incidental, indirect, punitive or consequential damages (including, but not limited to, damages for injuries to persons or to property).
Failure by BUYER to give SELLER, written notice of claim within one year from date of delivery or, in the case of nondelivery from the date fixed for delivery, shall constitute a waiver by BUYER of all claims in respect of such materials.
8. FORCE MAJEURE
Either party shall be excused from making or taking deliveries of the materials to the extent the manufacture, transportation, delivery, or receipt by such party of such material is prevented, restricted or interfered with by reason of any event or cause whatsoever beyond the reasonable control of the party so affected. If by reason of any such event or cause, the quantities of the material covered hereby, or of any materials used in the production thereof, reasonable available to SELLER shall be less than its total needs for its own use and for sale, SELLER may allocate its available supply of any such material among its existing or prospective purchasers and itself in such manner as SELLER deems proper, without thereby incurring liability for failure to perform this contract.
9. LAW APPLICABLE
This contract is to be construed, and the respective rights and duties of BUYER and SELLER are to be determined, according to the law of the Commonwealth of Pennsylvania.
10. COMPLETE CONTRACT
This document constitutes the complete and exclusive statement of the terms of the contract between the parties hereto with reference to the subject matter hereof. No statements or agreements, whether oral or written, made prior to or at the time of the contract shall vary or modify these terms. Any amendment, modification or rescission of these terms must be in writing, signed by both parties.
11. NONASSIGNABILITY
This contract is not assignable or transferable by either party, except to the party's successor or to the transferee of all or substantially all the party's assets to which this contract relates.
12. ARBITRATION
BUYER and SELLER agree that any claim or dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association at a location within a fifty mile radius of Mount Bethel, PA.