Standard Terms and Conditions

Delivery or Performance

Unless otherwise specified in Seller's offer, all deliveries are F.O.B. point of shipment.  Shipping, delivery or performance dates are approximate and are not guaranteed.

Over/Under-Run

Seller reserves the right to ship and invoice for a quantity of goods which may vary up to ten percent over or under the quantity specified on custom items.  Any requests for specific over/under run quantities will be confirmed at time of order; these requests cannot be guaranteed.  Buyer agrees to accept delivery and pay for such revised quantity and consider the shipment to be complete.  Partial deliveries shall be accepted by the Buyer and paid for at contract prices and terms. Buyer shall have no right to delay the delivery or shipment date.

Buyer's Use

Buyer agrees that it is solely responsible for determining the suitability of any service and goods including all parts and components of the goods purchased from Seller and that it is not relying on Seller in making such determination. Buyer will not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer's use.  Seller may furnish as an accommodation to Buyer technical advice or assistance regarding goods and services.  Seller assumes no obligation for liability for the advice or assistance given or results obtained, which shall be at Buyer's sole risk.

Seller's Proprietary Rights

Seller shall be the sole owner of all drawings, inventions or improvements made by or for Seller in connection with the performance of this contact. Buyer shall not reproduce any drawing furnished by Seller.  Buyer shall not use or disclose any of Seller's trade secrets or confidential information, whether or not designated as such, except as required in connection with the use or resale of the goods or services covered by this contract.

Buyer's Financial Responsibility

If Seller shall at any time doubt Buyer's financial responsibility, Seller may demand adequate assurance of due performance or decline to make any further shipments except upon receipt of payment in advance. If Seller demands adequate assurance of due performance and the same is not forthcoming within 10 days after the date of Seller's demand, Seller may at its option (1) continue to defer further shipments under this order and/or any other order from Buyer which has been accepted by Seller until adequate assurances are received or (2) cancel this order and any other order from Buyer which has been accepted by Seller and recover damages. Any amounts past due are subject to interest penalty of 1.5% per month or the highest amount allowed by law. Such interest shall be determined by the Seller and paid by the Buyer.

Choice of Law and Jurisdiction

These terms and conditions shall be construed in accordance with the laws of the State of Illinois, without regard to principles governing conflicts of laws. Buyer and Seller consent to the jurisdiction and venue of the federal and state courts situation in or having suits over Bolingbrook, Illinois.