RETURN OF PRODUCTS - Goods cannot be returned, and orders once accepted by Our Company cannot be canceled, except upon the written approval of Our Company. Cut to size items and special orders may not be returned unless it has been determined to be provided in error by Our Company. Customers returning goods are responsible for freight charges.
FORCE MAJEURE - Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. In no event shall our company be liable for special or consequential damages for any delay for any cause.
REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to Our Company , in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
LIABILITY - Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within a few days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company on the condition claimed. If such timely claim is made by Buyer, and the claim is deemed valid by Our Company , Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Our Company 's option, crediting Buyer with the invoice price of the deficiency.