TERMS AND CONDITIONS
1. All sales are expressly conditional on Buyer’s agreement to the terms and conditions stated on the invoice as well as this form. No additional or different terms apply unless expressly agreed to in writing by North American Breaker Co., Inc. (NABCO).
2. NABCO reserves the right to require full payment in cash before shipment or delivery.
3. Products sold by NABCO are not manufactured by it. Products are sold under the respective manufacturers brand or trade names for identification purposes only. NABCO hereby disclaims any and all warranties against patent infringement. NABCO shall however, if given prompt notice by the Buyer of any claim or patent infringement with respect to any product sold hereunder, use its best efforts to secure for the Buyer such indemnity rights as the manufacturer may customarily give with respect to such product.
4. All sales are made F.O.B., place of shipment. Each invoice shall be considered a separate and independent transaction. Buyer carries the risk of loss after delivery.
5. The Buyer if agreed upon by NABCO may cancel orders. However, Buyer may be responsible for costs incurred by NABCO including, but not limited to shipping, handling, and restocking.
6. NABCO shall not be liable for special, indirect, incidental, or consequential damages. The remedies of Buyer set forth herein are exclusive, and the liability of NABCO with respects to any contract or sale or anything done in connection therewith, whether in contract, tort (including NABCO’s negligence), under any warranty or otherwise, shall not exceed the price of the product or part on which such liability is
7. The prices shown do not include any sales, use, or other taxes or charges payable to state or local authorities. Any such taxes or charges now or hereafter imposed with respect to sales or shipments hereunder will be added to such prices and the Buyer agrees to reimburse NABCO for any such taxes or charges.
8. No sales representative of NABCO has authority to alter, vary, or waive any of the foregoing standard conditions.
9. In the event Buyer defaults in payment, Buyer shall be liable to NABCO for all collection costs incurred by NABCO including, but not limited to attorney and collection agency fees. In the event Buyer does not pay when due, past due amounts are subject to 1.5% interest per month or maximum permitted by law