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City of South Bend <br />Water Works <br />" MIA ti' South Bend, IN 46628 <br />Kirby Risk Electrical Supply Terms and Conditions of Sale <br />ACCEPTANCE OF THE GOODS PURCHASED ON THIS INVOICE CONSTITUTES AN ACCEPTANCE <br />OF THE TERM AND CONDITIONS OF SALE WHICH FO OW: <br />1, Stock Merchandisers subject to a return charge. No goods may be returned without a shipping ticket and/or <br />invoice number and prior authorization. <br />2. Non -Stock Merchandise is not returnable unless we can secure a "Returned Goods Authority" from the <br />vendor. <br />3. The Customer acknowledges and agrees that in all purchases of goods and services from Seller, <br />Seller gives no express warranties, or implied warranties of merchantability and fitness for any <br />particular purpose. <br />4. The Customer agrees that Seller will not be liable for any consequential and incidental damages arising <br />from any cause associated with the goods purchased from Seller. <br />5. Taxes - Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or <br />hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to <br />reimburse Seller for any such tax or provide Seller with acceptable tax exemption certificate. <br />6. Delay in Delivery- Seller is not to be accountable for delays in delivery occasioned by acts of God or ther <br />circumstances over which Seller has no direct control. Factory shipment or delivery dates are the best <br />estimates of our suppliers, and in no case shall Seller be liable for any consequential or special damages <br />arising from any delay in delivery. <br />7. Waiver - The fail lure of Seller to insist upon the performance of any of the terms or conditions of this contract <br />or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions or right in the <br />future, nor shall it be deemed to be a waiver of any other term, condition, or right under this contract. <br />8. Modification of Terms and Conditions- No terms and conditions other than those stated herein, and no <br />agreement or understanding, in any way purporting to modify these terms, or conditions, shall be binding <br />on Seller without Seller's written consent. <br />a,zez <br />Rockwell <br />nreuwo7«�,. <br />�Q1 Arra,,a,,,rmv avr`fr«msrf ,nrnwararAO'sonitation <br />