(a) The Shipment Date set forth on the acknowledgement will be deemed accepted by the Buyer unless objected to,
in writing, within ten (10) days from receipt of this order acknowledgment. Any delivery not in dispute shall be paid for
regardless of other controversies relating to other deliveries or undelivered material.
(b) Seller’s performance is at all time subject to change or cancellation due to causes beyond Seller’s control, including
but not limited to fires, strikes, accidents, catastrophes, acts of God, war conditions, shortages of labor, material or means of
transportation, governmental order and regulations, legal interferences or prohibitions, embargoes, defaults on the part of
suppliers, and any other events or conditions which shall make performance by the Seller difficult or impossible.
(c) Seller will make a good faith effort to perform and make delivery at the time estimated, but because of the nature of
Seller’s work notice is hereby given to the Buyer that no liability shall attach or accrue to Seller for late performance or delivery.
(d) If Buyer claims any discrepancy in count or weight, Buyer must notify Seller in writing, within fifteen (15) calendar
days after its receipt or shipment.
(e) Delivery shall be F.O.B. Seller’s premises unless otherwise indicated on the front side hereof. Seller reserves the right
to determine the place of manufacture of all orders. Risk of loss passes to the Buyer upon shipment.
(f) Prices include all charges for Seller’s normal packing and crating. Seller is not obligated to provide any special containers.
If Seller agrees to provide special packing and crating, it reserves the right to charge Buyer a reasonable price therefor.
(g) Any order to be delivered to the Buyer on credit is subject to the prior approval of Seller’s credit department.
(h) Seller shall have the right, in addition to all other it may possess, at any time, for credit reasons or because of
Buyer’s defaults in its obligations hereunder, to withhold shipments, in whole or part, and to recall materials in transit, retake
the same, and repossess all materials which may be stored with Seller for Buyer’s account, without the necessity of taking any
other processings, and Buyer consents that all the materials so recalled, retaken or repossessed shall become Seller’s absolute
property. The foregoing shall not be construed as limited, in any manner, any of the rights or remedies available to the Seller
under the Uniform Commercial Code as adopted in the State of California or any default of Buyer.