Any terms or conditions proposed by Seller which differ from or are in addition to term and conditions contained herein shall be void and of no effect whatsoever unless consented to in writing by Buyer.
Time is and shall remain of the essence. If deliveries pursuant to the Contract will not be made at the time agreed upon, Buyer reserves the right to cancel the Contract, or to purchase elsewhere and to hold Seller accountable therefore. Material received in advance of such schedule deliveries and accepted by Buyer shall be paid for as if delivered on the scheduled date.
Invoices will be dated no earlier than the day of shipment. Seller will promptly refund any sums paid by buyer in excess of such prices. All materials or services furnished will be subject to inspection and approval by Buyer after delivery and before acceptance. Except as otherwise provided in this order, the price of the face hereof includes all applicable Federal, State and local taxes in effect on the date of shipment.
If any applicable tax shall be repealed, the price stated in this order shall be adjusted accordingly. Buyer shall at all times have title to all drawings and specification furnished to Seller for use in performing the Contract, including all copies thereof, all of which upon request or upon completion of the Contract shall promptly be returned to Buyer. Any knowledge or information which Seller shall have disclosed or may hereafter disclose to Buyer in connection with the Contract shall not, unless otherwise agreed upon in writing by Buyer, be deemed to be confidential information and as part of the consideration for this order, shall be acquired by Buyer free from any restrictions.
A packing list must accompany materials. Sellers performance will be monitored by Buyer. Buyer to provide seller updates on a quarterly basis, if applicable. Termination pursuant to the terms of this Paragraph 8 shall not affect any claim for damages which Buyer might otherwise have.
