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TERMS AND CONDITIONS OF SALE

Conditions
All material will be invoiced at prices in effect at time of shipment. 12% charged on all accounts not paid 30 days after invoice date. All invoices due and payable at Houston, Harris County, Texas. Make all payments to Home Office, P.O. Box 34890, Houston, Texas 77234. All claims for shortage must be made within ten days of date of shipment. Customer is liable for shipments lost in transit by common carriers where shipped F.O.B.-Buffalo Flange, Inc. No credit will be allowed on material returned without our permission. No credit allowed for any machine work or special made items. All verbal orders are entered, executed and shipped for the account and at the risk of the customer and subject to the above conditions. Quantities not shipped will be back-ordered until cancelled by you in writing or unless we are instructed by you to the contrary on you written orders of confirmations. All merchandise covered by this invoice has been manufactured in compliance with all of the provisions of the Fair Labor Act of 1938, as amended.

Warranty
All Buffalo Flange, Inc. products are warranted to be free from manufacturing defects for a period of one (1) year from the date of shipment and any found to be defective within that period will be replaced without charge, provided (1) that the product was used as recommended and in accordance with approved installation and operating practices; (2) that its failure resulted from a manufacturing defect and not from damage due to corrosive, abrasive, or other wear normally to be expected in the services involved; and (3) that written notice of such defect is delivered to Buffalo Flange, Inc., during such one (1) year period.

This express warranty is in lieu of and excludes all other warranties, guarantees, or representations, express or implied. There are no implied warranties of merchantability or of fitness for a particular purpose.

Purchaser’s Remedies
The Purchaser’s remedies with respect to any product furnished by Buffalo Flange, Inc., hereunder that is found not to be in conformity with the terms and conditions of the contract because breach of contract, breach of express or implied warranty, or negligence shall be limited exclusively to the right of replacement of such defective product or, at our opinion, repayment of our sale price of the product. In no event shall Buffalo Flange, Inc. be liable for claims (based upon breach of contract, breach of express or implied warranty, or negligence) for any other damages, whether direct, immediate, foreseeable, consequential, or special or for any expenses incurred by reason of the use of misuse, sale or fabrication of products which do or do not conform to the terms and conditions of the contract.

Prices
Prices and other terms of sale are subject to change without notice. Unless a contrary provision appears on the face side hereof, quotations may be withdrawn without notice at any time. Clerical or data entry errors are subject to correction.

Remittances
All accounts are payable in United States funds, free of exchange, collection, or any other charges. If, in the sole discretion of Buffalo Flange, Inc., the financial condition of the Purchaser at any time so requires, Buffalo Flange, Inc., retains the right to require full or partial payment in advance.

Taxes
Unless otherwise specifically noted, the amount of any sales, use, occupancy, excise tax, or other tax, of any nature, federal, state or local, for which Buffalo Flange, Inc., is legally liable, either initially or through failure of payment by Purchaser, shall be added or be in addition to the price quoted and Purchaser agrees to pay the same to Buffalo Flange, Inc.

Shortages and Damage In-Transit
Claims for shortages must be made in writing within ten days after receipt of shipment, but loss or damage to materials in transit is the responsibility of the carrier.

Delays
All promises of shipment are estimated as closely as possible, and we will use our best efforts to ship within the time promised but do not guarantee to do so, and assume no liability for not doing so. Materials stated to be in stock are subject to prior sales.

Force Majeure
Any delays in or failure of performance of Buffalo Flange, Inc. shall not constitute default or give rise to any claims for damage of and to the extent that such a delay or failure is caused by occurrences beyond the control of Buffalo Flange, Inc., including, but not limited to acts of God or the public enemy: expropriation or confiscation of facilities, compliance with any order or request of any governmental authority; acts of war, rebellion or sabotage or damage resulting therefrom embargoes or other export restrictions, fires, floods, explosions, accidents, breakdowns, riots or strikes or other concerted acts of workmen, whether direct or indirect; or any other causes whether or not of the same class or king as those specifically above named which are not within the control of Buffalo Flange, Inc. and which, by the exercise of reasonable diligence, Buffalo Flange, Inc. is unable to prevent or provide against.

Cancellation and Suspension
The order or contract is subject to cancellation or instructions to suspend or delay work or delivery only with our consent and upon agreement to pay Buffalo Flange, Inc., adjustment charge.

Return of Material
No product of our manufacture may be returned without our written consent. All goods returned are subject to a handling charge plus freight in both directions and charges for any required reconditioning, unless otherwise specified in writing by Buffalo Flange, Inc.

Partial Shipments and Payments
Buffalo Flange, Inc. reserves the right to make partial shipments from time to time and to render invoices therefore which shall be due and payable as provided in said invoices and under the paragraph untitled “Remittances”. If the Purchaser becomes overdue in any such partial payment, Buffalo Flange, Inc. shall be entitled to suspend work and/or avail itself of other legal remedies.

Governing Law
The contract shall be governed by, and construed, and enforced in accordance with the laws of the State of Texas. The Uniform Commercial Code shall not apply to this sale, nor the Texas statues adopting the Uniform Commercial Code.

No Waiver
The failure of Buffalo Flange, Inc., to insist, in any one or more instances, upon the performance of any of  the terms, covenants, or conditions of the contract or  to exercise any right there under shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition or the future exercise of such rights, nor shall it be deemed to be a waiver or relinquishment of any other term, covenant, or condition, or the exercise of any other rights under the contract.

Purchaser’s Acceptance of Above Conditions
This contract shall be subject to the terms and conditions contained or referred to in Buffalo Flange, Inc. quotation on this and the face side hereof, and to no others whatsoever.
No waiver, alteration, or modification of the terms and conditions on this and the face side hereof shall be binding unless in writing and signed by an authorized representative of Buffalo Flange, Inc.

Dies, Tools and Patterns
Dies, tools and patterns required to produce the article quoted on shall remain the property of Buffalo Flange, Inc. Preparation charges or charges for dies, tools, and patterns represent only a portion of cost.  Payment of such charge does not give the purchaser any right, title, or interest in such dies, tools or other products of preparation. We will not be responsible for retention of dies or patterns on which no orders are received for two years or more
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