Conditions Of Sale
Stenographic and clerical errors are subject to correction. Prices are subject to change without notice. Any terms printed or otherwise contained in Purchaser's order that are inconsistent with or in addition to the terms hereof shall be void and of no effect.
Orders entered upon the books of Gateway Supply Inc. cannot be countermanded except with the prior written consent of Gateway Supply Inc. and such consent shall include (i) the forfeiture by purchaser of any deposit placed by purchaser with Gateway Supply Inc., (ii) terms that will indemnify Gateway Supply Inc. against loss as a result of such countermand and (iii) any other terms mutually agreeable to the parties.
Gateway Supply Inc. shall use reasonable commercial efforts to make delivery in accordance with the terms of this Agreement; but, failure of Gateway Supply Inc. to effect shipment as estimated herein will not be considered by purchaser to be (i) cause for cancellation of this Agreement or (ii) the basis of any claim against Gateway Supply Inc.
When special goods are made to purchaser's specifications, the purchaser shall indemnify and hold Gateway Supply Inc. harmless from all demands or actions brought against Gateway Supply for patent infringements related to such special goods.
Purchaser agrees to pay to Gateway Supply Inc. interest charges of 1.75 percent per month on the outstanding balance of all accounts of purchaser that are not paid in accordance with the terms of the Agreement; in addition, purchaser agrees to reimburse Gateway Supply Inc. for all costs incurred by Gateway Supply Inc. as a result of any breach of this Agreement by the purchaser including, but not limited to, reasonable attorneys fees and costs. Gateway Supply Inc., a corporation incorporated under the laws of The State of Texas, USA and having its principal place of business at 1044 Hercules Ave, Houston Texas USA.
Delay in or failure to carryout the duties imposed upon the parties under this agreement shall not be deemed a default and/or breach of the agreement if such delay or failure is caused by Force Majeure circumstances. As circumstances for Force Majeure are considered acts of nature, fire, war, government restrictions, labor disputes, delays in deliveries by subcontractors constituting Force Majeure event, breakage or loss during transportation or storage and any other events, whether similar or dissimilar to those enumerated, which are beyond the control of the party affected. The party being affected by Force Majeure shall without delay inform the other party of its commencement with an indication of its probable duration, and of its termination, respectively. The time for performance of the contractual obligations by the party invoicing the Force Majeure shall be extended by the duration of the Force Majeure and its effects. Should the Force Majeure shall be extended by the duration of the Force Majeure and its effects.
Warranty
Purchaser agrees that Gateway Supply Inc. will not be responsible for the cost of consequential labor costs, lost profits, down time, transportation charges or any other cost, charge or expense incurred by purchaser as a result of defective product or part thereof. Purchaser also agrees that Gateway Supply Inc. shall not be responsible for consequential damages or contingent liabilities arising from the use of performance of such product or part thereof.
Gateway Supply Inc. makes no warranty with respect to any accessory equipment manufactured by others and sold by Gateway Supply Inc.. These items are subject to the warranties of the manufacturer, and purchaser agrees that any warranty claims on these items shall be made by the purchaser directly against the respective manufacturer and Gateway Supply Inc. shall not be made a party to such claims by purchaser. There are no express or implied warranties of merchantability or fitness for a particular purpose.