CLAIMS: All claims must be made within 30 days upon receipt of merchandise.
LIMITED WARRANTIES: Mauritzon Inc. warrants that goods sold by it shall be free from defects in material and workmanship and will conform to applicable specifications and drawings. Mauritzon Inc.’s liability, whether based on breach of warranty or contract or negligence in manufacture, shall be limited to replacement or repair (at Mauritzon Inc.’s election) of the defective or nonconforming goods, or (at Mauritzon Inc.’s election) refund purchase price thereof. Mauritzon Inc. makes no warranty of merchantability as to goods sold hereunder and designated as seconds or otherwise designated as goods sold which are not of first quality. Where Mauritzon Inc. notifies customer that goods are of foreign origin, Mauritzon Inc. makes no warranty of merchantability as to such goods regardless of the fact that such goods are not designated as seconds.
SUITS: Suits on claims of any kind are barred unless commenced in Cook County, Illinois within one (1) year after Mauritzon Inc.’s receipt of customer’s written notice of claims. Illinois law shall apply with respect to this sale, the interpretation of this contract and any suits or claims arising from this transaction.
PRICES: Prices on this contract are based on production at the present cost for supplies, labor and services. Prices on any undelivered portion of this contract are subject to increase to the extent of added cost to Mauritzon Inc. in the event of any increase in cost for supplies, labor, services, or imposition of surtaxes or governmental action or legislation affecting Mauritzon Inc. cost, and deliveries may be modified to the extent necessitated by any such governmental action or legislation. The amount of any such increase as computed by Mauritzon Inc. pursuant to this paragraph shall be binding upon the customer except clerical or mathematical errors.
TERMS: Unless otherwise agreed in writing, terms are net thirty (30) days FOB shipping point, subject to approval by Mauritzon Inc.’s credit department. Customers without established credit approval from Mauritzon Inc. should remit payment with order, or instruct Mauritzon Inc. to ship COD. A finance charge of 1-1⁄2% (18% per annum) will be added to all past due invoices.
SHIPPING, DELIVERY AND RETURNS: Mauritzon Inc. shall not be liable for delays in production or delivery due to causes beyond its control, including but not limited to acts of God, acts of buyer, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, quarantines, war delays in transportation and inability due to causes beyond Mauritzon Inc.’s control to obtain necessary labor, materials or manufacturing facilities. In no event shall Mauritzon Inc. be liable to the buyer for loss of use or profit or any other collateral, special or consequential damages resulting from delays in production or delivery whether or not due to causes beyond Mauritzon Inc.’s control. Mauritzon Inc. will use its best judgment in packaging, packing, shipping and routing unless buyer gives specific instructions with its order. In the event of shortage or damage incurred en route, buyer must make its complaint to the delivering transportation agency and file a claim against such agency. All shipments are made FOB shipping point unless otherwise agreed to in writing by Mauritzon Inc. Mauritzon Inc.’s responsibility for delivery ends with a signed bill of lading from the carrier. All risk of loss after Mauritzon Inc.’s delivery to the carrier shall be borne by the buyer. Authorization must be obtained from Mauritzon Inc. prior to return of any goods for repair, replace or credit. All returned shipments authorized by Mauritzon Inc. shall be prepaid by buyer, unless Mauritzon Inc. upon inspection, deems that the goods were defective