TAXES - All taxes which the Seller may be required to pay or collect shall be for the account of the Buyer.
DELAY - The Seller shall be excused for any delay in performance due to acts of God, war, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, mill conditions, strikes, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, or any circumstances beyond the control of Seller in reasonable conduct of its business.
WARRANTIES - Sea Port Marine Corporation does not manufacture the products which may be sold under this agreement and therefore SEA PORT MARINE CORPORATION MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THESE PRODUCTS. Sea Port Marine Corporation's obligation as to products sold hereunder shall be limited to acquiring and furnishing the items which are the subject of the agreement. Sea Port Marine Corporation shall not be liable, as to its products and other products, for any direct, immediate, special, indirect or consequential damages or delay.
FREIGHT - All prices are quoted F O B our warehouse or point of manufacture unless otherwise indicated.
RISK OF LOSS - The risk of loss shall pass to the buyer or common carrier at the Seller's warehouse or point of manufacture. Sea Port Marine Corporation shall insure for the benefit of the buyer items purchased and maintained in its warehouse until delivery to the buyer as aforesaid items purchased but not maintained by Sea Port Marine Corporation, in its warehouse shall be insured by the manufacturer until delivery to the buyer as aforesaid.
RETURNS - Products and materials made to order, special ordered, or cut to length are non-refundable. Stock orders are refundable only with our prior approval if the merchandise is in good resellable condition and the merchandise is identified with the original invoice number and date of delivery. A 25% restocking charge shall be assessed on all approved returns. Under no conditions will merchandise be accepted for return beyond sixty (60) days from date of delivery.
CREDIT APPROVAL - Shipments, deliveries and performance of work shall at all times be subject to the approval of the Seller's Credit Department. The Seller may at any time decline to make any shipments or delivery or perform any work except upon receipt of payment of security or upon terms and conditions satisfactory to such Department.
CERTIFICATIONS - Request for material certifications must be made when placing inquiries. Unless otherwise indicated material certifications are not furnished for material in the quotation. Where certifications may be required after quotations have been made any additional cost to furnish certifications shall be for the account of the Buyer.
CHOICE OF LAW - This order shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the State of Virginia.
CHOICE OF FORUM - Any dispute, controversy of claim arising under this agreement or any modification thereof as may pertain to the terms and conditions of the agreement or the performance thereunder shall be determined in the Circuit Court of the City of Chesapeake or the United States District Court for the Eastern District of Virginia. The buyer specifically consents to the jurisdiction of the aforementioned Courts and further consents that any process or Notice of Motion or other application to any Court or Judge thereof may be served outside the State of Virginia by certified mail or by personal service or other means provided for by the laws of the State of Virginia.