| Jos.
T. Fewkes & Co. Warranty The Company warrants to the Purchaser that the material to be delivered will be free from defects in material and workmanship for a duration that will not exceed that of the manufacturer's standard warranty applying to a particular product. Delivery Shipping dates are approximate and are based upon prompt receipt of all necessary information. The Company will not be liable for delays in delivery or failure to deliver (1) due to causes beyond its reasonable control, or (2) due to acts of God, acts of Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, earthquakes, war, riot, and delays in transportation. In the event of such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. Sales and Similar Taxes The Company's prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the material herein shall be paid by the Purchaser, or in lieu thereof, the Purchaser shall provide the Company with a tax-exemption certificate acceptable to the taxing authorities. Cancellation The Purchaser may cancel his order only upon payment to the Company of reasonable and proper cancellation charges. Limitation of Liability The Company's liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from any contract, or from performance or breach thereof, or from the manufacture, sale, delivery, resale, repair, or use of material furnished shall in no case exceed the price allocable to the material. In no event, shall the Company be liable for special or consequential damages. Payment Terms Domestic (within 48 contiguous states): Standard terms are net 30 (thirty) days unless otherwise noted on the quotation. All orders are accepted, subject to credit approval. All Other: Payment in advance by wire transfer. Within limits, we accept Visa, Master Card and American Express credit cards. Price Adjustment Policy Prices quoted are those in effect at the time the quotation is rendered. However, material will be billed at prices in effect at time of shipment. Any such adjustment, hereunder, shall be equal to any percentage adjustment in published prices and applicable discounts from the date of the order to the date of shipment. |