Patriot Forge Co. Terms and Conditions
- All prices quoted are subject to adjustment to reflect our prices in effect at the time of order. All price adjustments will be based on prevailing market rates.
- Orders are subject to acceptance and approval by Seller. Once an order is acknowledged by Seller it cannot be cancelled, terminated or modified by the Buyer in whole or in part except with the Seller’s written consent, and then only upon terms and conditions then to be agreed upon.
- Seller warrants (a) all material supplied hereunder will conform to the description stated on the Order Acknowledgement; and (b) upon payment of the purchase price, Buyer will receive title to all such material free from any lien, encumbrance and lawful security interest; and (c) the material sold hereunder shall be of merchantable quality. Except for the foregoing warranties, Seller makes no other warranties, express or implied. Seller expressly disclaims any implied warranty of fitness for a particular purpose.
- Buyer agrees to indemnify, defend and hold Seller harmless in all liability claims, legal fees, damages, costs, expenses and claims of infringement upon intellectual property rights, arising from 3rd party litigation.
- Seller, upon request, may furnish to Buyer such technical advice as it may be able to supply with reference to the use by Buyer of any material delivered hereunder. Seller, however, assumes no obligation or liability for the advice given or results obtained. Buyer expressly agrees that it will implement any advice thus given as its own risk and agrees to indemnify and hold harmless Seller against any liability, costs or expenses resulting therefrom.
- Buyer shall inspect material for any damage, defect or shortage promptly on receipt of material. The products supplied shall be deemed inspected and accepted within thirty (30) days after delivery thereof, unless notification is received in writing by the seller within the thirty (30) day period. In any event, Buyer’s exclusive remedy for shortage or damaged or defective material (whether or not occurring as a result of Seller’s alleged negligence) or any other cause whatsoever shall be return of the purchase price of the material or services in respect of which the claim is made, or, at Sellers option, the repair or replacement of material.
- All delivery dates are approximate; seller does not accept delivery penalties.
- No modification of these terms shall be effected by the acknowledgment or acceptance of purchase order or shipping instruction forms or any other document containing terms or conditions at variance with or in addition to those set forth herein. By ordering for shipment any material under this contract, Buyer agrees to all the terms and conditions contained herein.