4. EXCUSE FOR NONPERFORMANCE
Seller’s obligations under this agreement are accepted subject to strikes, labor troubles (including strikes
or labor troubles affecting any suppliers of seller), floods, fires, acts of God, accidents, delays, shortage of
cars, contingencies of transportation and other causes of like or different character beyond the control of
seller. Impossibility of performance by reason of any legislative, executive or judicial act of any
governmental authority shall excuse performance of or delay in performance of this agreement.
5. WARRANTIES AND LIMITATIONS
Seller warrants that the goods shall be delivered free of the rightful claim of any third person by way of
patent infringement, and if buyer receives notice of any claim of such infringement, it shall, within
[NUMBER] days, notify seller of such claim. If buyer fails to forward such notice to seller, it shall be deem
to have released seller from this warranty as to such claim.
THERE ARE NO WARRANTIES OF MERCHANTABILITY AND NO WARRANTIES WHICH EXTEND
BEYOND THE DESCRIPTION ON THE FACE OF THIS AGREEMENT.
6. ENTIRE AGREEMENT
The parties agree that this constitutes the entire agreement and there are no further items or provisions,
either oral or otherwise. Buyer agrees that it has not relied upon any representations of seller as to
prospective performance of the goods, but has relied upon its own inspection and investigation of the
subject matter.
The parties have executed this agreement at [DESIGNATE PLACE OF EXECUTION] the day and year
first above written.
SELLER
BUYER
Authorized Signature
Authorized Signature
Print Name and Title
Print Name and Title
©
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