TERMS AND CONDITIONS OF SALE
[Terms may not be changed without expressed written consent of Cross Company]
1. Quoted prices are protected for orders entered and shipped within thirty days. Thereafter, shipments are “price in effect at time of shipment”. Any such price increase will be the result of a manufacturer’s increase and a minimum of 30 days notice. Prices may be quantity sensitive, and are based upon shipment-release quantities – not total quantities.
2. Payment terms are Net 30 days; service charges of 1 ½% per month apply to outstanding, overdue balances.
4. Title to goods, and freight costs, are FOB: Origin. Losses and damages during shipment are the responsibility of the buyer; some customers are paying insurance provided by Cross Company to offset these costs.
6. Material may be returned for credit only with prior written authorization and may be subject to a restocking charge.
8. A written confirming purchase order is required before orders for special, non-stock, or non-returnable items -- or blanket orders can be processed.
In all cases, buyer shall be limited in its damages to repair, replacement, credit or refund of the money paid for these services and products, at Cross Company’s sole option and election. In no event shall either party be liable for lost profits, cost of procurement or substitute goods or any other special reliance, incidental, or consequential damages, however caused and under any theory of liability whether based in contract, tort (including negligence) or otherwise.