Definitions. As used herein:
“Company” means Taber Acquisition Corp. d/b/a Taber Industries.
“Buyer” means the individual, company or entity to whom any Proposal is addressed.
“Product” means the Product or Product(s) proposed for sale by Company to Buyer.
“Proposal” means a written quotation, sales order, estimate, or invoice provided by Company to Buyer with respect the Product sold/to be sold by Company to Buyer. These terms and conditions are incorporated into and made a part of each Proposal.
“Purchase Order” means a purchase order, request for quotation, or similar document submitted by Buyer prior to, or in response to, a Proposal.
“State” means the State of New York.
“County” means the County of Niagara in the State.
“Warranty Period” means with respect to any Product, one (1) year from the date of tender of delivery of such Product (F.O.B. Company’s facility).
“Contract” means the language herein and to all specifications or other documents agreed to by Company in writing.
Unless Company explicitly and/or affirmatively agrees in writing to different terms and conditions with respect to the purchase/sale of Products, this Contract shall apply to the purchase/sale of any and all Products.