ACCEPTANCE: The terms and conditions of sale are only those stated below and on the actual Sales Order or Invoice. Any other terms and conditions are hereby rejected unless separately approved in writing by an authorized agent of Seller.

Pricing and Delivery: The prices quoted in this Agreement, unless otherwise specified, are F.O.B. shipping point and do not include sales, use, excise or other taxes, duties, transportation expenses or insurance. Such additional costs are the sole responsibility of Purchaser. Title and risk of loss to each item being purchased shall pass to Purchaser when delivered to carrier and Seller shall not be responsible for damage or loss in transit.

Payment: Payment on all merchandise exported shall be made in advance. For any U.S. shipment not pre-paid, Purchaser shall pay all invoices within twenty (20) days after the date of invoice of the date of shipment, whichever shall occur first. Seller may reschedule or cancel shipments as a result of Purchaser’s failure to pay invoices, whether relating to this sale or otherwise, in accordance herewith, and in such event, Seller shall not be liable for any costs or damages resulting from such delay or cancellation. Interest shall accrue on all unpaid invoices at the rate of 18$ per annum, compounded monthly, beginning on the 21^st day after the date of such invoice. If Seller commences legal proceedings to collect any amounts due, Purchaser shall be liable for all charges, including, without limitation, court costs and attorney fees incurred by Seller in enforcing its rights under the Agreement and applicable law.

Export Control: If Purchaser exports any item received from Seller from the United States, then Purchaser shall be solely responsible for compliance with all U.S. export law, rules and regulations of the country of destination.

Errors: All claims for damages, errors, shortages or defect of any kind shall be made by Purchaser to Seller in writing within a period of three (3) days after the goods are delivered to Purchaser. Failure to make a claim shall constitute an irrevocable acceptance of the goods and shall terminate the responsibility of Seller with respect to the goods. Goods may not be returned to Seller without its prior permission.

Cancellation: Purchaser may not cancel any order that requires any customized work like cutting or printing of bands without the written consent of Seller.

Warranties: Seller warrants that the goods conform to the description on the Sales Order or Invoice Document. No warranties beyond those supplied by our suppliers and manufacturers are provided. ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED AND INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT OF SALE.  More on Warranties.

Limitation of Damages: PURCHASER SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF ANY SELLER’S PRODUCTS ON WHICH CLAIM IS MADE AS ITS EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY EXPRESSED HEREIN AND FOR NEGLIGENCE AND OTHERWISE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN NO EVENT SHALL SELLER BE LIABLE IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER IT WAS INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL SELLER’S LIABILITY EXCEED THE AMOUNT OF THE PURCHASE PRICE.

Delivery: Force Majeure. Delivery date are approximate. Seller shall not be liable and shall be excused for causes or events beyond its control in the reasonable conduct of its business, including but not limited to: acts of God, acts of civil or military authorities, war, riot, fires, accidents, embargoes, strikes, lockouts, or other industrial disturbances, machine breakdown, shortage or inabilities to obtain transportation, fuel, labor, supplies, materials, or power.

General Provisions: This Agreement is governed by and interpreted in accordance with the substantive law of the State of Ohio. Buyer and Seller agree that any legal suit, action, or proceeding to collect payment due hereunder from Buyer, or otherwise arising out of or relating to this Agreement may (and, if against Buyer, must) be instituted in a State of Federal Court in the City of Akron, County of Summit, and State of Ohio, and Seller waives any objection which it may have now or hereafter to the laying of venue of any suit, action or proceeding. The parties hereto expressly waive their rights to trial by jury with respect to all issues.