This quotation is subject to approval and acceptance by OEP at its offices at Wheeling, Illinois, within 30 days hereof by the receipt of a purchase order and the subsequent receipt by you of an acknowledgment of same upon OEP's standard acknowledgment form.
No representation by any salesman, employee or officer of OEP shall be binding upon OEP unless expressly herein or by acknowledgment of the order resulting from this quotation.
Acceptance of Order. Acceptance of orders for all products other than parts made on Automatic Screw Machines: No order shall be binding upon OEP until their acknowledgment is returned to purchaser. No assignment of this order or the contract resulting therefrom shall be binding upon OEP without its prior written concent thereto OEP's prices are subject to change without notice and, unless otherwise specified in the quotation, orders will be billed on the basis of OEP's prices and discounts in effect at date of shipment.
Acceptance or Orders for Automatic Screw Machine Parts: Quotations for parts fabricated on automatic screw machines, in addition to the last paragraph above, are also subject to “Conditions of Sale and Manufacturing Practices” published by National Screw Machine Products Assn., revised July 1, 1965 and is part of this quotation and acceptance of orders whether or not attached to this quotation. If a contradiction exists between OEP's regular terms and conditions and those terms and conditions of the screw machine industry, then those of OEP will apply.
Quantities: Orders accepted on basis of 1 0% variance in quantity ordered.
Delivery and Returns: We shall make every effort to meet your delivery schedule, but we shall not be responsible for any default or delay caused, directly or indirectly, by any contingency beyond our control, or the control of our suppliers or vendors, including but not limited to strikes, lockouts or other labor troubles; war; riot; federal, state or municipal action or regulation; tire; flood; insurrection; breakdown of machinery; nonarrival or delay of any carrier, short or reduced supply of fuel or raw material; damage to, or destruction, in whole or part, of merchandise or plant; acts of God; or by any other unavoidable cause other than our own negligence; any of which causes shall, without liability, excuse us from the performance of this order,
Warranty: OEP warrants its products to be free from defect in materials and workmanship, but limits its obligations under this warranty to the replacement or at its option reimbursement of the purchase price, of goods shown to its satisfaction to have been defective at the time of delivery, OEP neither makes nor shall be bound by any other warranty, express, implied, statutory or otherwise, Under no circumstances will OEP be liable for any loss, damage, expense or consequential damage of any kind arising in connection with the use of, or inability to use, its products.
The following do not constitute warranties; (1) specifications, other descriptive information and recommendations published in OEP's price lists, catalogs, product brochures and elsewhere; and 2) results of tests and recommendations set forth in the technical reports furnished by OEP, All such information and recommendations, though based upon OEP's research or upon information available to OEP from other sources and believed to be reliable, are furnished, and OEP's products are sold, upon the understanding that purchasers will independently determine the suitability of the products for their purposes.
No agent or representative of OEP is authorized to change this warranty or to give any other warranty, express or implied; and no such agent or representative is authorized to make any representations concerning OEP's products which are not subject to the qualifications and to the limitations of liability hereinabove expressed.
Patents: If the items delivered hereunder are manufactured pursuant to detailed design furnished by purchaser, purchaser guarantees that the sale or use of the items will not infringe any United States or Foreign Letters Patient, and the purchaser agrees to defend, protect and save harmless OEP, its successors and assigns against all suits of law or in equity and from all damages, claims and demands for actual or alleged infringement of any patent by reason of the use of the articles ordered hereby.
Credits: If the financial responsibility of the purchaser becomes unsatisfactory to OEP, OEP may, by written notice, cancel this order in whole or in part.
Modifications: Orders may be modified or cancelled only with the written consent of OEP signed by an officer thereof, The appearance of other terms and conditions on forms submitted by the purchaser shall be of no effect, and neither acknowledgment, manufacture or shipment by OEP shall be held to be an acceptance of such other terms and conditions, but the submission by the purchaser of an order, acceptance of shipment or payment or any one or more of them shall constitute the purchaser's acceptance of the terms and conditions hereon, This contract resulting from such acceptance or performance is to be construed according to the laws of the State of Illinois,
Responsibilities for Customer's Tools, Dies, etc.: In all cases where OEP is provided by the customer with tools, dies, jigs, fixtures or other special machinery or equipment for the production of all or part of the customer's order, or where OEP manufacturers or causes to be prepared any tools, dies, jigs, fixtures or other special machinery or equipment for and on behalf of the customer for the production of all or part of the customer's order, then in that event OEP shall not be liable for loss or damage of the said tools, dies, jigs, fixtures or other special machinery or equipment which may occur from Acts of God, strikes, riot, war or other acts not under the control of nor due to the negligence of OEP, And it is further agreed that unless the order specifically provides otherwise, all tools, dies, jigs, fixtures or other special machinery or equipment which remain in OEP's possession more than thirty )30) days after the completion by OEP of the customer's order shall so remain with OEP at the customer's risk, and OEP shall have no responsibility to see to their safekeeping, In any event, OEP's liability shall be limited to the cost of repair, replacement or reproduction of the said tools, dies, jigs, fixtures or other special machinery or equipment.
OEP represents that with respect to the production of the articles and/or the performance of the services covered by this quotation, it has fully complied with section 12(A) of the Fair Labor Standards Act of 1938, as amended, This material is sold with the understanding that it is for resale and, therefore, not subject to the Illinois State Tax.