Unless otherwise provided, it is agreed that sales are made under the terms and conditions herein. The failure to object to these terms and conditions in writing or by fax or e-mail shall constitute an acceptance of these terms and conditions. No deliveries shall occur until a payment plan has been approved by Seller. All deliveries are FOB Seller s point of shipment. Delivery dates are best estimates only.
All deliveries are subject to reschedule.
Seller reserves the right to make deliveries in installments and shall invoice Buyer at the time of shipment of each installment. Delivery delay or default of any installment shall not relieve Buyer of its obligation to accept and pay for remaining deliveries. In no event shall seller be liable for increased manufacturing costs, the cost of loss of profits or goodwill, or any other incidental or consequential damages. Shipment of articles must be scheduled by Buyer within 30 days from the date of Buyer s purchase order. Unless Seller is notified in writing to the contrary during said period, delivered items shall be presumed to be accepted.