Without in any way limiting the generality of paragraph 9, we shall not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond our control, including, without limitation, acts of nature, unavailability of supplies or sources or energy, riots, wars, fires, floods, epidemics, lockouts, strikes and slowdown, delays in delivery by our suppliers, or acts or omissions of the purchaser. Products on which delivery is delayed due to any cause within the purchaser's control may be placed in storage by us at the purchaser's risk and for its account. The purchaser shall be liable for all costs and expenses incurred by us in holding or storing products for the purchaser or at the purchaser's request. Customer agrees to execute any financing statements or other documents as we may request in order to protect BMI's security interest. Upon any default by Customer hereunder, BMI shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.
All products are subject to our standard tolerances for specifications.
We reserve the right to make substitutions and modifications in the specifications of any products provided that such substitutions or modifications do not materially affect the performance of the products or the purposes for which they can be used. All claims for nonconforming or defective products must be made in writing within 15 days after delivery to the purchaser and any claims not made within that period shall be deemed waived and released. Our sole responsibility with respect to such claims shall be at our option, to repair or replace any product or component which we determine to be defective. In no event shall we be liable for any incidental or consequential damages due to any cause whatsoever. No suit or action shall be brought against us more than 60 days after the related cause of action has occurred.