Goodyear Rubber Products
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TERMS&CONDITIONSCONDITIONSTERMS&� Hose information is subject to change. For full details, visit our website or contact Customer Service. TERMS & CONDITIONS OF SALE ENTIRE AGREEMENT WARRANTY AND DISCLAIMER The parties agree that there are no understandings, agreements or Seller warrants that its products shall be free from defects representations, express or implied, not specified herein, respectingin material and workmanship under normal use and service for a this offer or sale, and that this instrument contains the entire period of 12 months from date of shipment. On equipment and agreement between Seller and Buyer. No prior waiver, course of materials furnished by Seller but manufactured by others, Buyer prior dealing or usage of the trade shall be relevant to supplementshall accept in lieu of any liability or guarantees on the part of or to explain terms used in this agreement. Seller, the benefits of guarantees as are obtained by Seller from such manufacturers or vendors. SELLER MAKES NO WARRANTY CONTROLLING TERMS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR All sales are expressly limited to, and the rights and liabilities of thePURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, parties shall be governed exclusively by, the terms and conditions EXCEPT AS IS EXPRESSLY SET FORTH HEREIN. Failure by herein. In the event any purchase order or offer from Buyer states Buyer to object to or reject products or materials delivered terms additional to or different from those set forth herein, this hereunder, in writing within 30 days from the date of shipment of document shall be deemed a notice of objection to such additional the products or materials, shall constitute an acceptance and or different terms and a rejection thereof. Any acknowledgment or waiver by Buyer of all claims hereunder on account of alleged shipment of product by Seller to Buyer subsequent to Seller's receipterrors, shortages, defective workmanship or material, breach of of a purchase order or offer from Buyer shall not be deemed to be anwarranty or otherwise, discoverable upon inspection by Buyer. acceptance by Seller of an offer to contract on the basis of any Buyer's terms and conditions. Receipt and acceptance by Buyer of LIMITATION OF LIABILITY products shall be conclusive evidence of Buyer's acceptance of the Buyer's exclusive remedy on any claim of any kind for any loss or terms and conditions set forth herein as the sole controlling termsdamage arising out of, connected with, or resulting from this and conditions of the contract between Seller and Buyer. contract, or from the performance or breach thereof, or from the Stenographic and clerical errors by Seller are subject to correction.design, manufacture, sale, delivery, resale or repair or use of any products covered by or furnished under the contract, including but ACCEPTANCE OF ORDERS not limited to any claim for breach of warranty, negligence, strict Seller possesses the exclusive right to accept or refuse any and allliability or other tort, shall be the repair or replacement, F.O.B. orders. No bid, offer, or quotation shall be valid or binding upon Seller's factory, as Seller may elect, of the product or part thereof Seller, and no order shall be accepted and no sale shall be final, giving rise to such claim, except that Seller's liability for such repair until such bid, offer, quotation, order or sale shall be acknowledgedor replacement shall in no event exceed the contract price allocable in writing by Seller. See price pages for minimum order amount. to the products or part thereof which give rise to the claim. SELLER SHALL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, PRICES INCIDENTAL OR CONSEQUENTIAL DAMAGES. All prices are subject to change without notice and shall be adjusted to the Seller's prices in effect on the date of shipment. RETURN OF MATERIAL Prices reflect standard packaging for domestic shipment only. Seller's permission must be obtained in writing before any products All prices are in U.S. Dollars. are returned to it by Buyer. If products are returned without such permission, Buyer authorizes Seller, in addition to such other DELIVERY remedies as it may have, to hold the returned products at Buyer's Delivery dates are estimates and not a guarantee of a particular daysole risk and expense. All returns must be freight prepaid by Buyer. of delivery and are based on the prompt receipt of all necessary Seller will in no event accept the return of any product that upon information from the Buyer. Seller shall not be liable for failure orreturn is in the opinion of Seller altered, damaged, used, or in other delay in shipping goods hereunder if such failure or delay is due tothan first class salable condition. an act of God, fire, flood, war, labor difficulties, accident, strikes, lockouts, civil disorders, governmental priorities or embargoes, PATENTS inability or difficulty in obtaining raw materials or supplies at Buyer agrees to indemnify, defend and hold harmless Seller from customary terms and prices or any other causes or failure of any claims, cost, expense or loss and any judgments or decrees presumed conditions of any kind whatsoever which are either resulting from infringement of patents, copyrights, trademarks or beyond the reasonable control of the Seller or which would make other rights of others arising from or based upon Seller's impracticable the fulfillment of Seller's obligations hereunder. Buyercompliance with Buyer's designs, specifications or instructions in shall not refuse to accept deliveries so delayed. Seller shall be the furnishing of such products to Buyer. compensated for any and all extra costs and expenses occasioned by delays attributable to Buyer. STOPPAGE IN TRANSIT If Seller determines that Buyer's credit position has changed TRANSPORTATION AND RISK OF LOSS materially, prior to or during shipment, or at any time before All shipments are freight collect unless eligible for a freight acceptance of the goods by Buyer, then Seller may stop delivery of allowance expressly set forth in current price sheets or on the facegoods to the carrier or other bailees, or goods in the possession of hereof. Seller reserves the right to select the method and type of a carrier or other bailee. Such action by Seller will not constitute a transportation. If a method of transportation other than that selectedbreach of this agreement with any resulting damages to Buyer. by Seller is requested by Buyer, excess packing, shipping and transportation charges resulting from compliance with Buyer's PAYMENT request shall be for the Buyer's account. All shipments are F.O.B. All invoices are due net 30 days from date of invoice. Payments not point of shipment and risk of loss shall pass to Buyer after productsmade when due shall bear interest at the prime rate plus 2 1/ 2% per are delivered to carrier. Claims for damage or loss in transit must beannum or, if lower, the highest rate legally permissible, until paid. filed by Buyer against the carrier. Credit balances will be applied against future purchases only and must be claimed within one year of creation or are waived. CANCELLATION OR MODIFICATION Buyer may not cancel or modify any order, either in whole or in part,GOVERNING LAW AND ARBITRATION without Seller's prior written consent and then only upon payment Any dealings or contract between the parties shall be governed by to Seller for all applicable costs incurred by Seller, including, withoutand construed in accordance with the law of the state of Ohio, limitation, costs of purchased materials, and a reasonable excluding its choice of law provisions. Any controversy arising under allowance for profit. Order changes or additions received after or in any way related to the subject matter hereof shall be settled by original order has been processed will be treated as a new order. arbitration by a single disinterested arbitrator in Columbus, Ohio, U.S.A., in accordance with the commercial rules of the American TAXES Arbitration Association then obtaining. Each party shall bear its own Any taxes which Seller may be required to pay or collect with costs and expenses, including attorneys fees. The fee for the respect to the sale, delivery or storage of the products, includingarbitrator shall be shared equally by the parties. taxes upon or measured by the receipts from the sales thereof, shall be for the account of Buyer who shall promptly pay the amount thereof to Seller upon demand, or in lieu thereof, furnish Seller withEffective 3/01/03 a tax exemption certificate acceptable to the taxing authorities. Reprinted 03/31/05 CAUTION: USE OF DAMAGED HOSE OR MISAPPLICATION MAY RESULT IN PROPERTY DAMAGE OR SERIOUS PERSONAL INJURY. INSPECT HOSE REGULARLY. 134
Goodyear Rubber Products
