Weights shown hereon are estimated. We reserve the right to over or under-ship quantity ordered by ten (10) percent.
Buyer shall pay Invoice in full in accordance with the terms of this Acknowledgement. In the event Buyer fails to make payment when due, Buyer shall pay, in addition to the invoice amount, the late payment charge of eighteen (18) percent annum. All shipments are subject to the approval of the Seller’s Credit Department.
DEFECTS AND ERRORS
Merchandise errors and alleged defects must be reported within ten (10) days of receipt of merchandise. In such event, Buyer shall NOT return goods, but shall notify Malin in writing stating the particular nature of the alleged defect or error. At Malin’s option, the merchandise will be repaired or replaced with satisfactory materials, or, material may be returned with Malin’s approval and a returned authorization number. In event of error or defect no claims of the Buyer for labor and consequential damages shall be allowed.
NO EXPRESS OR IMPLIED WARRANTIES
Malin makes no express or implied warranties in connection with the fitness of its merchandise.
The seller shall not be liable for any delay in delivery due to (1) fires, floods, strikes or other labor disputes, accidents to machinery, acts of sabotage, riots, precedence or priorities granted at the request or for the benefit, directly or indirectly, of the Federal or any State government or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by Federal or State legislation or rules or regulations thereunder, or (2) any cause beyond the control of the Seller.
Title to goods covered hereby shall vest in Buyer upon delivery thereof to carrier.
The Buyer shall pay, or reimburse the Seller if it pays, any and all Federal, State, Municipal or other local taxes or charges imposed upon this contract, the materials covered hereby or the delivery or use thereof or upon any act done or documents of title or other instrument used in connection with the transaction, and any and all such taxes or charges imposed upon or measured by the sales contemplated herein or the purchase price payable hereunder.
Malin acknowledges and accepts Buyer’s Order, which acknowledgement and acceptance is expressly conditioned upon Buyer’s acceptance of the terms and conditions of sale contained herein. No terms or conditions other than those stated herein, whether contained in Buyer’s purchase order, shipping release, or elsewhere, and no witted or oral agreement that purports to vary these terms and conditions shall be binding upon Malin unless hereafter set forth in a writing signed by Malin’s authorized representative.
Waiver by Malin of any terms and conditions of the Acknowledgement or waiver of any breach hereof shall not be construed as a waiver of any other term, condition or breach. Determination that any provision of this Acknowledgment is illegal or invalid shall not affect the validity of the remaining provision of this Acknowledgment.
The Acknowledgment/Invoice is governed by the laws of the state of Ohio, and the Courts of the State of Ohio shall have jurisdiction and venue over any action brought in connection herewith.