| TERMS | All prices set forth herein are subject to change without notice and all orders will be invoiced at the price prevailing at the time of shipment. |
| TRADE CUSTOMS | All sales are subject to recognized paper trade customs, including overruns and underruns. Any exceptions must be agreed to in writing. |
| CLAIMS | All claims of any nature pertaining to shipments must be made in writing within fifteen (15) days after the receipt of merchandise; otherwise claims will not be allowed. No claims will be allowed after the paper is cut, ruled, printed, punched or otherwise altered. |
| LIABILITY | We will not be liable for any default or delay arising from or out of any cause or contingency
beyond our control or the control of our suppliers affecting either ourselves or our suppliers,
including, but not limited to, strikes, lockouts, riots, sabotage, insurrection, floods, droughts,
fires, wars, embargoes, acts of God, Government priority or regulations, delays of transportation
or inadequate supply of goods.
All merchandise sold by us is sold subject to Public Law 95-473(HR 10965) and I.C.C.
Regulations on Freight Claims (Ex Parte 263H 9CFR 1005). We will not recognize any claim for
damage to merchandise caused by any transportation company, including parcel post, railroad or
air shipments, etc., unless you shall note exceptions covering such damage against the carrier at
the time you accept delivery from the carrier in full compliance of the above laws and regulations. All orders or contracts are accepted with the understanding that they are subject to our ability to obtain supplies of finished products, and all orders or contracts as well shipments applicable thereto are subject to our supplier's current mill schedules, and other government regulations, orders, directives and restrictions that may be in effect from to time. In any such event we will be free to deliver any goods remaining or becoming available to fill any orders, in whole or in part, without any requirement of allocation of such goods among different customers. In no event will we be liable for any consequential or incidental damages. |
| FINANCIAL CONDITIONS | We reserve the right to alter or suspend credit, to defer shipments, in whole or in part, to recall goods in transit, re-take same, and repossess all goods which may be stored in our possession for the Buyer's account, and to cancel any and all unfilled orders at any time, without the necessity of taking any other proceedings, when, in our opinion, Buyer's financial condition warrants it or Buyer consents that all merchandise so recalled, re-taken or re-possessed shall become our absolute property, provided Buyer is given credit therefor. The foregoing shall not be construed as limiting, in any matter, any of the rights or remedies available to us because of any default of the Buyer under the Uniform Commercial Code as in force and effect in the state of New York on the date of this acknowledgement. |
| TAXES | Buyer is liable for and shall pay all taxes or charges imposed by local, state or federal governments which are payable by reason of a sale or delivery made by us. |
| WARRANTIES | NO REPRESENTATIONS, AFFIRMATIONS, SPECIAL ARRANGEMENTS, PROMISES OR STATEMENT MADE BY US OR BY ANY OF OUR SALESMEN OR AGENTS NOR ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR OTHERWISE, WILL BE BINDING UPON US UNLESS ENDORSED BY US ON OUR ORDER OR ACKNOWLEDGEMENT FORMS. |
| CANCELLATION | An order once placed with and accepted by us can be cancelled only with our consent and upon terms that will indemnify us against loss. |
| DISPUTES | Any disputes arising out of or in connection with any agreement for the sale of goods shall be submitted to the New York Supreme Court for determination pursuant to the New York Simplified Procedure for Court Determination of Disputes. This agreement shall be interpreted and governed according to the laws of the State of New York. |
| GENERAL | These terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation order, or other writing the Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. Any attempt to alter or omit any of such terms shall be deemed a rejection and a counter-offer. |