This order is issued upon, and not otherwise, that you shall hold this company harmless from and indemnify it against any and all claims and demands, suits, actions, judgments, decrees, costs, counsel fees, expenses and damages at any time arising due to any actual or alleged infringement of patent or patent rights in the making, vending or using of any article or articles supplied under this order and, to that end, you shall, at your own expense, defend all such suits or actions, in the event this company is enjoined from using said articles or any number or part thereof you will pay all the damages this company my suffer by reason therefore, including all damages arising out of any suit to recover profits.
This order is giving on the express representation that you sell to wholesalers only, and that the price your invoice shows will be as low as that given to any other wholesaler. The Seller guarantees the Purchaser that the prices charged against this purchase order are no higher than that permitted in the applicable maximum prices established by any government regulations and its amendments. This guarantee also includes the reimbursement to the Buyer of all litigation costs which it may suffer as a result of any suit in addition to the recoveries which may be secured against it of profits and/or damages.
If the quantity specified on this order does not entitle us to your lowest available prices, or should you have in effect forms or schedules reflecting lower prices, terms, concessions, or advertising allowances, kindly advise us accordingly by registered mail before filling this order so that we may have an opportunity of taking advantage of these offerings.
We reserve the right to cancel this order or any portion of same, or any extension thereof at any time for the material not delivered or accepted prior to cancellation, or if delivery is not made when and as specified. Any material received after our requested delivery date shall be subject to return to the shipper for full credit and charge Seller for any loss incurred, time being of the essence of this order.
All orders received on and after the twenty-fifth of the month are to be dated the first of the following month, and all bills are payable the fifteenth prox. If order is not received within the time specified, but is accepted after the twentieth of the month, same shall be payable as to the following month.
When our orders or letters indicate that the material is required for Government requisition and we cannot secure payment for part shipments or shipments of excess amounts above those specified and must supply the exact amount designated, then we must require that you abide by and conform to these regulations in a like manner, but supplying and complying with all specifications and amounts exactly as we will have to put into effect and the very same terms on all business to government bureaus. We will charge your account for any additional expense incurred due to the above instructions not being followed.
All articles, materials, supplies and fixtures must be approved by the Underwriters Laboratories, Inc., and they must be fabricated and assembled by union labor. It is our privilege to return at the expense of the Shipper, within one year, any items that are not usable or salable or which we believe are not of standard quality or as represented. A minimum service charge of twenty percent plus all transportation costs will be charged on all returned shipments that are sent to us in error, or that are of exactly as requested on this purchase order. Prices not shown on this order are to be invoiced as previously quoted or billed. By acceptance of this order, you agree that in the event that prior to shipment or within ninety days thereafter you shall put into effect any price reduction applicable to material of the kind specified herein we shall receive the benefit of such lower prices by credit to our account. If this is not acceptable, advise us by registered mail. This Purchase Order is not subject to any escalator clauses.
Invoice must state how material has been shipped, the amount of cartons, etc., and must be mailed in duplicate the same day as the shipment with the bill of lading attached. The Contractor or Supplier, shall be responsible for all the articles, materials, or supplies covered by this Purchase Order until they are delivered and accepted at our storeroom or at the designated point, and the Contractor shall bear all the risk on rejected articles, materials, or supplies after notice of rejection. Where final inspection is at point of origin, but delivery by contractor or supplier is at some other point, the contractor’s or supplier’s responsibility shall continue until the delivery is completely accomplished.
All articles, materials, or supplies are purchased delivered to our storeroom or at a designated point unless otherwise specified on this order and no charges will be allowed for reels, boxing, crating, or handling. All transportation charges are to be prepaid by the Shipper without any cost to us. Do not substitute or increase our order. If you cannot fill this order with the above conditions, notify us for written instructions.
In invoicing for the articles, materials, or supplies hereby ordered, please indicate that the same were not produced under less than the minimum conditions required under the Fair Labor Standards Act of 1938. The terms and conditions of this order, including the above notices, shall constitute the entire Agreement, and no change in or modification thereof shall be valid or binding unless consented to in writing signed by an authorized officer of this company.