3
2659 Bristol Pike P.O. Box 966, Bensalem, PA 19020
(T) 215-638-2300 (F) 215-638-8642 www.jlorber.com
v
0718
INCORPORATED TERMS AND CONDITIONS
1. I/we Applicant/Buyer) understand that J. Lorber Co, Inc., ('Seller ') will rely on this information for the extension of credit. This is
not an agreement by Seller to lend money; it is an agreement by Buyer for the benefit of Seller if Seller determines to extend credit.
Seller may change credit limits or other terms and conditions , in its sole discretion. No modifications may be made otherwise to this
Agreement, except in a writing signed by Seller. Unless otherwise specifically stated, orders for custom and specially manufactured
items or items of exceptional value require full payment prior to shipment (30% upon release of order and 40% upon initiation of
manufacturing, and balance of 30% at time of shipment.)
2. Buyer agrees to pay all amounts due under this Agreement until Seller has received written notice closing this account, mailed U.S.
Mail Certified Return Receipt Requested. In the event other entities or individuals order or use the laboror materials pursuant to this
Agreement, it is agreed that both the Buyer and such other legal entities or individuals shall be obligated for all amounts due under this
Agreement. Seller shall have the right to set-off its credits and purchases against Buyer's job and/or accounts payable.
3. Buyer
expressly agrees to submit to personal jurisdiction in Pennsylvania and agrees that the forum for any litigation pursuant to this
Agreement or any other contract between Seller and Buyer, whether Seller or Buyer brings suit, shall be Bucks or Philadelphia County,
Pennsylvania and shall be governed by and construed in accordance with the laws of Pennsylvania.
4. As specified in our Offer, Sales and Credit Terms and Conditions, and hereby, J. Lorber is a materials supplier and specifically
assumes no obligation or liability beyond the technical requirements of the specific products described in our written Offer which is our
interpretation and understanding of any requirements. Seller specifically objects to and expressly rejects any different, supplemental or
additional terms and conditions, including but not limited to the following:
Buyer's obligations to others, including contract terms; Final acceptance by owner; Pay if paid; Pay when paid; Cancellation ,
Cancellation for convenience; Refund, Damage due to delay of any type, including breach, lost profits, down time, consequential,
incidental, special or punitive damages; Damages due to other than manufacturer's defect and Damages in any amount greater than for
materials as paid to us; Damages including any labor, installation, incidental or consequential damages; 'No damages for delay' clause;
Any insurance, remedy or indemnity beyond manufacturer's warranty; Payment terms other than as specified in writing by J. Lorber Co.
Credit officer; Any retainage; Any Lien, bond, law or forum waivers; Any Warranties other than as specified from manufacturer and/or
which extend beyond the description on the face hereof; Any indemnification, hold harmless; and/ or any other clause, language or
provision from any source which is different than or additional to Seller's Terms and Conditions.
5. Buyer is solely responsible for the selection, suitability, fitness and engineering of the materials quoted or ordered. J. LORBER
CO. IS A MATERIAL'S SUPPLIER AND NOT A MANUFACTURER, ATC OR ENGINEER. Except as may be specified by
Seller and described Seller's in written offer, SELLER MAKES NO WARRANTIES AS TO MERCHANDISE AND SHALL
PASS TO THE BUYER THE MANUFACTURER'S WARRANTY ON THE PRODUCT(S) AND BUYER SHALL BE SUBJECT
TO ALL SUCH TERMS AND LIMITATIONS. Buyer’s sole and exclusive remedy, and Seller’s limit of liability for any and all
loss or damage shall be the repair or replacement, at Seller's option, of any goods which are determined through the warranty
process to be defective, and which shall not exceed the purchase price of the materials as paid to Seller. In no event shall Seller
be liable for any costs or damages resulting from breach, lost profits, down time, delay of any type, freight, labor, consequential,
incidental, special or punitive damages or others that are alleged to arise from course of dealing or trade.. THIS LIMITED
WARRANTY IS EXCLUSIVE AND IS THE ONLY WARRANTY, IN LIEU OF ALL OTHERS. SELLER, DISCLAIMS AND
MAKES NO OTHER WARRANTIES, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING ANY EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Buyer shall make a careful inspection at the time of delivery. Claims for shortage , discoverable or apparent damage must be noted
on the delivery receipt. Buyer’s failure to give written notice specifying any claim within five (5) days of delivery shall constitute an
unqualified acceptance of the labor and material as shown on delivery tickets and a waiver of all such claims of shortages, damage or
defect. Seller will not be liable for any covered damage, warranty or remedy and back charges will not be accepted without prior
notification, an opportunity to view and repair, replace or otherwise cure, and approval by Seller. No returned product will be accepted
without prior approval. A restocking charge of 25% will apply on products approved for refund. Seller may stop the manufacture or
supply of any labor or materials when it, in its sole discretion, determines that Buyer is in breach of this Agreement or any other contract
with Seller, or Seller has insecurity with respect to funding or creditworthiness, until payment is made and any dispute or insecurity has
been resolved.
7. Buyer agrees that all funds owed to Buyer from anyone or received by Buyer to the extent those funds result from the labor or materials
supplied by Seller shall be held in trust for the benefit of Seller (Trust Funds). Buyer agrees it has no interest in Trust Funds
held by anyone, to segregate, and to promptly account for and pay to Seller all such Trust Funds. All mechanic’s lien, payment bond
