Seller makes no warranty of merchantability in respect to any fabric or fabric finish used on our merchandise.
There are no warranties which extend beyond the description on the face of the acknowledgements.
No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning the goods sold under this contract, and unless an affirmation, representation or warranty made by an agent employee or representative is specifically included within this written agreement, it shall not be enforceable by the Buyer.
All goods sold F.O.B factory. Risk of loss shall pass to the Buyer as soon as goods are deposited with the carrier and breach of this contract shall have no effect upon the provisions controlling risk of loss of the goods as set forth herein. Section 2-510 of the Uniform Commercial Code is to have no effect upon this contract.
All claims for defects, damages, errors or shortage in goods, shall be made by Buyer at time of delivery to Buyer of goods under this contract and a notation thereof made by Buyer upon the delivery receipt. Failure to make claim at such time shall constitute an irrevocable acceptance of the goods.
If Buyer rejects any goods tendered under this contract, he must notify Seller in writing, fully specifying all claimed defects and nonconformities. Failure to specify any defect/nonconformity shall constitute a waiver thereof.
Any defect or damage for which Seller accepts responsibility will be cured by repair. All arrangements for transportation, repair and delivery of defective or repaired goods shall be at Seller’s option including time for effecting same.
In the event of a breach or repudiation of this contract by Seller, Buyer shall not be entitled to recover any incidental or consequential damages.
In the event there is imposed an additional cost to the Seller as a result of any federal or state legislation or regulation, upon any of the materials or supplies used in the production of the merchandise covered by this agreement, or upon the manufacture, sale, or transportation of such merchandise or the materials or supplies used in the production thereof, the Seller shall have the right to increase the price or prices set forth in this agreement to cover such increase.
Any acknowledgment, acceptance or other writings submitted by Buyer which creates any modification or supplements or changes this contract whether the same be consistent or inconsistent with the terms hereof, shall not be binding upon Seller.
This contract is subject to and the Seller shall not be responsible or liable for delay directly or indirectly resulting from or contributed to by any foreign or domestic embargoes, seizure, acts of God, insurrections, war and/or continuance of war, or the adoption or enactment of any law, ordinance, regulation, ruling or order directly or indirectly interfering with or rendering mere burdensome the production, delivery or payment hereunder, also lack of the usual means of transportation, tires, floods, explosions, strikes or other accidents or contingencies beyond the Seller’s control, either of the foregoing nature or of any other kind, nature or description in the Seller’s or its supplier’s plants or elsewhere or otherwise affecting transportation or production of said merchandise or any ingredients used in or in connection with its production.
This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement.
No order is final until reviewed and accepted by the Seller at it’s headquarters in Elliston, VA. If the order contains invalid options or incorrect pricing, the Seller will contact the Buyer. The Buyer will receive written or electronic confirmation of acceptance once the Seller has determined that an order, as it may be modified after review, is accepted. The terms of acceptance govern.