The term "Company" as used herein shall refer to Taber Industries.
(a) Are subject to change without notice prior to acceptance of your order by the Company Main office, North Tonawanda, New York.
(b) Become firm upon Company acceptance of Customer's order and subject to escalation terms as given below.
(c) Do not include any taxes, present and/or future.
(d) Are F.O.B. Company plant, North Tonawanda, New York 14120.
(e) May be subject to escalation of price for items which are accepted for delivery beyond twelve months. Such escalation shall not exceed 15%.
Are approximate and will be computed from date Company receives Customer's order and all necessary information to proceed.
(a) Subject to prior sale and confirmation at time of receipt of order.
(b) Subject to unavoidable delays caused by strikes, fires, accidents or other factors not within Company's reasonable control.
(c) Subject to delays beyond Company's control for material furnished by the Customer, approvals of specification drawings, etc.
The Company shall in no event be liable for any consequential or special damages on account of delay due to any cause.
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If a delay in shipment is requested by Customer after an order has been entered and accepted:
(a) No charge will be made if the request is made before the order enters production and the requested delay is for a period not to exceed 30 days.
(b) A charge will be made if the requested delay exceeds 30 days or if the request is made after the order is released to production. Company will advise Customer of the charge.
(c) If the product has been released to production, Company has the option of completing, invoicing, and storing the product and charging 1.5% per month, or the maximum percentage permitted by law, whichever is lesser, of the established price for such product plus storage costs.
(d) On any request for delayed delivery, Company has the option to consider it the same as a request to "stop work" pursuant to Paragraph 6 below.
(a) Customer may cancel all or any part of the order by written notice up to time of release to production. On receipt of such cancellation notice all work on the order or part thereof canceled will be stopped as promptly as reasonably possible and the Customer will be invoiced for and will pay to Company as liquidated damages a cancellation charge computed on the basis of established prices for any completed items, and for incomplete items the full costs, including burden and overhead costs, as determined by Company in accordance with Company's standard accounting practices, incurred plus 20% thereof, plus a charge for any packing and storage, less a credit for the balance of the material scrap.
(b) If Customer requests cancellation of the order after it has been released to production, Company reserves the right to complete and ship the order and invoice the full amount of such order.
In the event that Company is unable to proceed with the manufacture and shipment of Customer order, either due to Customer request or as the direct or indirect result of any governmental action or regulation, Customer will upon notification to that effect immediately instruct Company to consider order completed in its then state of partial completion, in which case Company will:
(a) Stop all work on the order as promptly as reasonably possible.
(b) Store all finished and unfinished items.
(c) Invoice Customer for the established prices for all completed items, and for incomplete items the full costs, including all burden and overhead costs, as determined by Company in accordance with Company standard accounting practices, incurred by Company plus 20%, plus a charge for packing and storage.
Are net 30 days from date of invoice, subject to approval by Company, unless earlier payment terms are negotiated. No cash discount is allowed.
Orders based on this quotation are subject to acceptance by Company in North Tonawanda, New York, and only in writing, and no contract shall be deemed to have been created until such written acceptance has been mailed or delivered to Customer by the Company.
Delivery of equipment to carrier by Company, consigned to Customer as Customer may direct, shall constitute transfer of title, ownership, possession, and property in and to the equipment at such point of delivery, and such carrier shall thereafter be deemed to be acting for Customer and the equipment shall thereafter be at Customer's risk.
The liability of the Company (except as to title) arising out of the supply of said product, or its use, whether on warranties of claim of negligence, or otherwise, shall not in any case exceed the cost of correcting defects in the product as herein provided, and upon the expiration of the Liability Period of one (1) year, all such liability shall terminate and the forgoing shall constitute the sole remedy of the Customer. In no event shall the Company be liable for consequential or special damages.