All sales to Buyer are expressly governed by these terms and conditions set forth hereinafter. Your order or statement of intent to purchase goods, or any direction to proceed with procurement or shipment of goods, or any acceptance of payment for such goods constitute your specific and express agreement to the following terms and conditions as governing this sale. Any liability of Seller to Buyer shall be limited and shall not exceed the price of the item on which such liability is based. Buyer shall protect, defend, save harmless and indemnify Seller for any loss, cost, delay, liability, damage, liquidated or otherwise, and expense, including attorneys' fees, which Seller may sustain, have assessed against it or incur as a consequence of any litigation, dispute or claim with respect to all or any part of the items sold by Seller to Buyer or anything done or omitted or claimed to have been done or omitted hereunder by Seller or anyone acting for Seller, including but not limited to, any claim of injury to person or property by reason of defects or infirmity in any such items or damage by reason of the failure of Buyer to perform promptly and satisfactorily its obligations. All sales are made f.o.b. point of shipment, and each shipment or delivery shall be considered a separate and independent transaction.
Buyer has risk of loss after delivery at f.o.b. point.
Failure to inform Seller or use of the material shall be conclusive that Seller has satisfactorily performed. Claims for breakage, damage or loss in transit must be made to the transportation company by the consignee. Shipping dates given in advance of actual shipment are estimated based on information received from our suppliers and shall not be deemed to represent fixed or guaranteed shipping dates. Delivery dates are not guaranteed and Seller shall not be liable to Buyer or the ultimate user for any claims arising from delay in shipment or delivery. If shortages should occur in Seller's supply of specific items, Seller may allocate its deliveries.