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I. DELAY. Seller shall be excused for any delay in performance due to; acts of God; war; riot; embargoes; ; acts of civil or military authority reasonable control of Seller; floods; fires; accidents; quarantine restrictions; mill conditions; any preference; priority or allocation order issued by the Government; Strikes; differences with workmen; delays in transportation; shortage of cars; fuel; labor or materials; or any other cause beyond the reasonable control of seller.
II. LIMITATION OF LIABILITY OF SELLER. Seller's liability to Buyer under any theory or for any claim shall be limited exclusively to replacement of non-confirming goods, or at the sole option of Seller, to the issuance of a credit for non-conforming goods returned. Seller shall in no event be liable for indirect, special consequential or liquidated damages of penalties.
III. DISCLAIMER OF WARRANTIES. Seller makes no warranty of any kind express or implied except that the good sold hereunder shall be of the standard quality of Seller. Seller neither assumes nor authorizes any person to assume for Seller an other liability sold pursuant to this Purchase Order, Buyer assumes all risks and liability resulting from the use of goods sold under this Purchase Order either used singly or In combination with other goods.
WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. Seller neither assumes nor authorizes any person to assume for seller an other liability in connection with the sale or use of the goods sold pursuant to this purchase Order, and there are no oral agreements or warranties collateral to or affecting this purchase.
IV. PERMISSIBLE VARIATIONS. All goods shall be furnished subject to Seller's standard practices, tolerances and variations. Seller reserves the right to ship overages or shortages of 5% to 10% of quantity in accordance with Seller's standard practices, Deliveries. Buyers shall accept and pay for excess quantities within such permissible overage limitations.
V. ORDER NON-CANCELABLE. This Purchase Order may not be canceled by Buyer without the express written approval of Seller.
VI. TERMS OF PAYMENT. Standard terms of payment shall be cash with order. COD shipments are not available. Upon acceptance by Seller of an approved credit application by Buyer, terms of payment shall be 1% 10 net 30 from date of Invoice F.O.B. Elmhurst, ILLINOIS. The fee returned checks shall be $50,00. Seller shall impose finance charge of 1.5% per months (18% per year) on all accounts not paid in full after 30 days from date of invoice.

VII. PATENTS, TRADEMARKS, UNFAIR COMPETITION, COPRIGHT,OR TRADE SECRETS. With respect to goods manufactured to Buyer's specifications, Buyer agrees to indemnify Seller, its employees and agents, from any liability, costs or expenses, including altomey's fees, arising out of the sale or resale of all or any part of the goods covered by this Purchase Order, and hold Seller its harmless from any actual or claimed and hold seller its agency and employees, harmless from any actual or claimed
(1) infringement of any patent, trademark or copyright in any or any other intellectual property right of any third party;
(2) unfair competition: or
(3) violation of the trade secret rights of any third party, or NOT any litigation based on any of the foregoing, or any investigation with respect thereto.

VIII. SHIPPING. Seller shall make shipment of goods specified in this order as instructed. Shipping will be by UPS or by truck unless otherwise specified in the Purchase Order. Seller will be assessed a $20 service charge to ship via the U.S Postal Service. The charge for Drop Shipments will be $3.95 net per location if labels are not provider by Buyer. The fee for export papers shall be $15.00 net. All returns of goods must be made within 10 days of delivery and must be authorized by Seller in advance.
IX. ILLINOIS LAWS GOVERN. This purchase order shall be governed by and constructed under the laws of the state of ILLINOIS, USA
Mark Promotions liabiltity to Buyer under any theory of for any claim shall be limited exclusively to replacement of non-conforming goods, or at the sole option of Mark Promotions, to the issuance of a credit for non-conforming goods returned. Mark Promotions shall in no event be liable for indirect, special, consequential, or liquidated damages or penalties. If guaranteed prizes are requested for "Games of Chance" than we can provide Error & Omissions Policy and/or Hold Harmless Agreements for an additional charge. Please specify the value and quantity of prizes for exact price quotation©
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