Last updated: March 21, 2022
The shipment schedule quoted is based upon conditions at the factor at the date of this Proposal, and is contingent upon Purchaser’s supplying all required technical information to Company when needed.
If company suffers delay in performance due to any cause beyond its control, such as act of God, war, act of Government, act of Purchaser, priorities or allocations, fire, flood, strike or labor trouble, sabotage, delay in obtaining labor, materials, equipment or transportation, the time of performance shall be extended a period of time equal to the period of the delay at its consequences. In the event completion of this contract is delayed by reason of the National Emergency, direct or indirect effect of war, Executive Order Defense Production Act of 1950 (or succeeding or implementing laws and regulations), or by an act of Civil or Military Authority, or by act of the purchaser, performance hereunder shall be resumed when the cause of such delay is eliminated, the price and price policy and delivery schedule of the Company in effect at that time shall apply to any contract equipment or material and any unperformed work of installation (not, however to exceed any lawful price ceiling in effect at time of shipment) unless, within thirty (30) days after notice from the Company of the applicable price and price policy and delivery schedule, the Purchaser elects to cancel the contract and so notifies the Company in writing, in which event the Purchaser shall pay reasonable and proper cancellation charges to the Company.
Deliveries quoted are the best estimate of the Company at the time of the quotation. They may vary due to an influx of orders, supplier delays, strikes, acts of nature or other causes beyond the control of the Company. Every reasonable effort will be made by the Company to meet or exceed the quoted delivery. The Company will not be liable for any expenses or charges due to late delivery for any reason. Delivery is considered when the goods are delivered to the transportation company. Deliveries are normally quoted A.R.O. (after receipt of approved drawings) which means signed approval drawings with no changes received at the Company. All orders are scheduled to ship during a particular week. The Company will not be required to ship on a particular day.