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<br />7. CLAIMS: Buyer waives any claim against Seller as to price or quantity of any delivery of products hereunder,
<br />unless such claim is made by Buyer to Seller in writing within forty-eight (48) hours after such delivery.
<br />8. DRUMS: All fifty-five (55) gallon drums, which are furnished by Seller to Buyer, shall remain the property
<br />of Seller and are loaned by Seller to Buyer, for the period of this contract. If not returned in good condition within ninety
<br />(90) days after termination of this contract, they will be charged to Buyer, and Buyer agrees to pay Seller's established
<br />drum charge.
<br />9. PAYMENTS: Buyer shall make payments hereunder on such terms as Seller may specify from time to time, and
<br />if Buyer fails to do so, then at Seller's option all sums owing hereunder shall become immediately due and payable, and SeIIer
<br />may terminate this agreement or refuse all further deliveries hereunder.
<br />10. FORCE MAJEURE: Seller shall not be iiable.in damages or otherwise when deliveries are prevented, delayed
<br />or otherwise affected, or changes in quality or discontinuance of any of;,its types or sizes of containers are necessitated, by or
<br />in connection with an embargo, order, requisition or request of any government or acting authority, Act of God, fire, storm,
<br />flood, earthquake, war, strike, industrial disturbance, accident, inability to secure supplies in the open market, failure or
<br />impairment of Seller's supplies or the facilities of production, transportation, manufacture or distribution regularly used
<br />in the ordinary course of Seller's business, joinder of Seller in any curtailment, rationing or proration program, whether
<br />voluntary or involuntary, or any .other causes whatsoever beyond Seller's control, whether or not similar to the causes
<br />enumerated.heiein.. Buyer may. purchase elsewhere, but without recourse to Seller, any product which Seller fails to deliver
<br />because of any such causes. Upon cessation of such causes, deliveries shall be resumed hereunder, but not beyond the period
<br />hereof, nor, except by mutual agreement, in any greater amounts than required to be delivered during the unexpired period
<br />of the contract, excluding amounts undelivered during the period SeIIer is excused from making deliveries. If any such
<br />causes hinder or delay Seller from making deliveries to all its customers, failure to make deliveries to Buyer, in whole or
<br />in part, while making deliveries to others, shall not be a violation of the contract. Seller may apportion its available supply
<br />among its customers in such manner as it may determine.
<br />11. BRANDS: Seller, in its uncontrolled discretion, may at any time change the brand name or any distinctive desig-
<br />nation of any of its products. Should it do so, this contract shall be deemed to cover products of the new names or desig-
<br />nations to the same extent as if said names or designations were specifically set forth herein.
<br />12. WAIVER: The waiver of any breach of any J the provisions hereof shall not be deemed '-a waiver of any
<br />succeeding or other breach.
<br />13. EXECUTION AND EFFECT: This contract supersedes all agreements of a prior date between the parties
<br />hereto or their predecessors in interest; relating to the subject matter hereof, and releases the parties from any and all past
<br />or future obligations, claims or liabilities thereunder, excepting only that Buyer agrees to pay Seller in accordance with its
<br />delivery tickets or statements rendered for .all products delivered to: Buyer, thereunder. This contract shall not be assigned
<br />by Buyer, or by operation of lava, without Seller's prior written consent. This contract contains the entire agreement between
<br />the parties, there being,no oral promises; representations or warranties affecting it. Subject to the provisions of this Article,
<br />this contract shall be binding upon and shall inure to the benefit of the parties and their respective legal representatives,
<br />successors and assigns. This contract or any modification. thereof shall not be binding upon Seller until signed on its behalf
<br />by its proper manager. Commencement of performance hereunder prior to signing as above stipulated in no case shall be
<br />construed as a waiver by Seller of this requirement.
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