The delivery of this merchandise makes this contract firm and non-cancelable. Title to all merchandise remains vested in Seller under all rights of an additional Bill of Sale until paid in full. Bills are due and payable in accordance with the terms herein indicated, and Buyer agrees to pay interest at the highest rate per annum allowable by Illinois law, on all past due obligations. Buyer further agrees to pay any and all attorneys’ fees, including appellate fees, court costs and other expenses in connection with any legal services incurred by Seller, or suit brought by the Seller, covering any merchandise under this deliver.
We specifically caution the buyer that not all products are compatible with plastic, glass or metal, and not use the cans, bottles, closures, pumps or other articles for the packaging of any abrasive, caustic or acidic solutions or any other substance of the same or different nature which is likely to cause injury to person or property. Without limiting any other provisions of this acknowledgment or any other agreement between the Buyer and us, we shall not be liable for, and the Buyer, assumes all liability for and shall indemnify us against any and all loss, damage, liability, claims, suits, costs and expenses (including reasonable attorneys’ fees), which may be brought against or suffered or incurred by us, as a result of any personal injury (including death), and/or property damage arising out of or connected with the handling, transportation, processing, further manufacturing, other use or resale of said goods, used along or in combination with any other material. This obligation of Buyer shall continue and shall be effective even if we were partially or solely negligent.
(a) Seller is not responsible for any loss or damage occurring by reason of delay or inability to deliver caused by acts of God, war, common disaster, fires, strikes, accidents, or from any other cause of the same or different nature, which is unavoidable or beyond Seller’s reasonable control. If by reason of any such cause Seller or Buyer is delayed in making or taking delivery of any of the goods covered by this Agreement, such delay shall be excused for the continuance and to the extent of such cause. Deliveries shall be made and taken as soon as reasonably practical after the removal of such cause.
(b) Seller hereby disclaims all responsibility for delays of carrier, loss or damage to goods in transit, or any loss after shipment has been receipted by carrier as in good order.
© Any action against Seller arising out of this transaction shall be commenced within one (1) year after the cause of action has accrued, whether known or unknown to Buyer; otherwise the same shall be barred.
(d) This contract shall be governed and construed in accordance with the laws of the State of Illinois.
(e) This Agreement constitutes the entire understanding of the parties except as provided herein, and the terms and conditions herein specified shall not be modified, altered or rescinded except by writing signed by a duly authorized representative of Buyer and Seller respectively.