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TERMS AND CONDtTIONS
<br />Oniy Buckeye Power Sales Co., inc: letter of quotation may
<br />supersede the following terms and conditions:
<br />Equipment, and/or labor, and/or various items are in
<br />accordance with Buckeye Power Sales Co., Inc experienced
<br />interpretations of pians and specifications, within the limited
<br />fime between request for bid and bid due date. Materials
<br />supplied under this quotation, which are commercially
<br />produced to typical industry standards, have been deemed
<br />in substantial compliance and therefore acceptable. Only
<br />the materials itemized on the attached quotation will be
<br />supplied. Please verify ail items, sizes and quantities listed
<br />on our quotafion. Buckeye Power Sales is not responsible
<br />for omissions.
<br />There are no understandings, agreements, representations,
<br />or warranties; expressed or implied (including any regarding
<br />merchantability orfitness for a particular purpose) otherthan
<br />those specified herein, respecting this contract or the
<br />equipment hereunder. This contract states the entire
<br />obligation of seller (Buckeye Power Sales Co., Inc.) in
<br />connection with this transaction. Buckeye Power Sales
<br />Co., Inc. shall not be liable for Iost profits or any.special or
<br />consequential damages directly or indirectfy arising out of
<br />the use of, or the inability to use, the equipment mentioned
<br />hereby, even if we are so advised of the possibility of such
<br />damages. No Buckeye Power Sales Co. Inc. employee has
<br />the authority to verbally bind either Buckeye Power Sales
<br />Co., Inc. or any manufacture otherwise.
<br />Buckeye Power Sales Co., Inc. will not 6e bound to any
<br />order containing retainages. Full payment is expected when
<br />due and agreed upon. Freight damages must be reported
<br />to freight carrier and freight delivery ticket presented by
<br />freight carrier must carry notation of damage and signed by
<br />the trucker. Buckeye Power Sales Co., inc. will aid
<br />customer in fifing their claims on freight damages but will not
<br />honor claim presented to Buckeye Power Sales Co., Inc.
<br />and not to freight carrier.
<br />Every responsible precaution is taken against breakage or
<br />other damage in transit. As all goods are shipped at Buysr's
<br />risk, Seller's responsibility ceases upon delivery of the
<br />material in good order to the carrier. Freight allowance, if
<br />any, is subject to Sellsr's current shipping terms. Unless
<br />otherwise conveyed in writing to Buyer by Seller, claims
<br />against carriers are to be filed by the Buyer. It is Buyer's
<br />responsibility to inspect products upon delivery for transit
<br />damage and/or shortage. If damage or shortage is detected,
<br />it should be duly noted on the bili of {ading before signing for
<br />merchandise. An inspection report should be requested of
<br />the carrier followed by a settlernent claim to the carrier.
<br />Any claims for shortage must be made promptly for any
<br />consideration.
<br />Buckeye Power Sales Co., Inc prices do not inciude any
<br />federal, state, or local sales, use,,property, or excise taxes.
<br />If any such taxes are imposed, the seller wili invoice them to
<br />the buyer as a separate item. In lieu of such taxes, the
<br />purchaser must provide, with each order, a tax exemption
<br />certificate acceptable to the proper taxing authorities:
<br />The rights and obligations of the parties hereto and the
<br />construction and effect of any contract formed pursuant
<br />hereto, shall be govemed by the taws of the State of Ohio.
<br />Objections to any or all provisions contained in this contract
<br />or to any other communicafion shall not constitute a waiver
<br />of these terms or conditions thereof.
<br />Buckeye Power Sales Co., Inc. will not be liable for any
<br />delays in the performance of orders or contracts or in the
<br />defivery or shipment of goods or for any damages suffered
<br />by purchaser by reason of any such delay.
<br />In the event that a quotation is not accepted in its entirety,
<br />we reserve the cight to decline any part or all of the order.
<br />All stenographic, typographic, or clerical errors are subject
<br />to correction.
<br />Upon acceptance by Buckeye Power Sales Co. tnc., this
<br />order will be entered for production and will not thereafter be
<br />subject to cancellation of deferment of delivery without our
<br />written consent. Any expense incurred by Buckeye Power
<br />Sales Co. Inc., due to the cancellation of an order or the
<br />deferment of a delivery schedule will be billed to the
<br />purchaser and be immediately due and owing, together with
<br />any and all costs of cancellation, inctuding attomeys fees.
<br />I am hereby authorizing Buckeye Power Sales Co., Inc. to use this form as a bona fide purchase order of the equipment shown on
<br />Quotation Number: 110702NL-5380, which clearly establishes definite price, and specifications of material ordered.
<br />Print Name:
<br />Signature:
<br />Company:
<br />Fortn: Tertns an0 Contlitions, Rev. 5-97.wptl
<br />Date:
<br />Purchase Order Number:
<br />110702NL-5380.doc ?pN?8R POWER SYSTEMS
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