1. The seller shall notify the purchaser promptly of any delay in filling the order. If the order is not filled by the date specified on the order or within a reasonable time from the date of the order in the event no time is specified, then the purchaser may cancel this order without cost to the purchaser, whether or not notice of delay has been given, and the purchaser may charge the seller for any loss sustained.

  2. If no price is stated on the order, the material shall be billed at the price last quoted or paid, or the prevailing market price whichever is lower, and in no event is the order to be filled at higher prices than last previously quoted or charged without written consent of the purchaser.

  3. Seller guarantees that the sale or use of any or all articles delivered hereunder will not infringe any patent or copyright: that the seller will at his own expense defend any action, suit or claim in which an infringement of any patent or copyright is alleged with respect to the sale or use of said articles or material and that seller will indemnify and save harmless the purchaser and/or its customers from any and all losses, costs and damages for infringement of any patent or copyright because of the sale or use of said articles.

  4. Payment for the articles specified herein shall not constitute an acceptance thereof and all articles shall be received subject to purchasers inspection and rejection. Defective articles not in accordance with purchaser’s specification will be held for seller’s instructions. The seller expressly warrants that the articles covered by the order shall conform with specifications, drawings, samples or other description furnished or adopted by purchaser, will be fit and sufficient for the purpose intended, merchantable, of good material and workmanship and free of defects.

  5. In the event of cancellation by the purchaser of the order, purchaser shall not be liable for any anticipated profit of the seller.

  6. Cash discount period will date from the receipt of properly prepared invoice or material whichever is later.

  7. This company is under no obligation to accept any shipment exceeding the quantity specified in the order and reserves the right to return at sellers expense part or all of any amount so shipped.

  8. E.O. Compliance – Seller agrees to comply with all applicable Federal, State, and local laws including the Civil Rights Act of 1964 and section 202 (1-7) of Executive Order 11246.

  9. An acceptance of the order constitutes an acceptance of the above terms and conditions on the face of the order.

  10. If this order is marked “original stock order” any or all of the goods ordered may be returned to seller, freight prepaid by purchaser, any time after one year with no restocking charge or handling penalty.