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30-Aug-2017 05:41

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Accepting Goods and Payment will be deemed acceptance of such terms. No waiver by Seller of buyer’s default will waive any other default. Employer-based health coverage will not pay for daily, extended care services.Medicare will cover a short stay in a nursing home, or a limited amount of at-home care, but only under very strict conditions.You will need your Account Number and the Invoice number.Returned merchandise to MPS without an authorized RMA number will NOT be eligible for credit and will NOT be returned to sender.Buyer authorizes Seller as its attorney to execute and file on Buyer’s behalf all documents Seller deems necessary to perfect such security interest.

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Seller expressly rejects different additional terms in Buyer’s order and Buyer must accept these exact terms. Buyer will pay all taxes and other charges imposed by federal, state, local or foreign governments on manufacture, sale, shipment, import, export or use of Goods, other than Seller’s income taxes. Buyer assumes all risk of loss after delivery of Goods and must report errors, damaged or lost Goods according to the terms as set above; RMA, Return Merchandise Authorization. Seller is not liable for delays or other failures due to causes beyond its control, including acts of Buyer, labor disputes, fire, terrorism or other casualty, acts of God, delays or shortages of transportation, products, materials, labor or fuel from Seller’s usual sources at customary prices, loss of facilities, network or utility disruptions, or voluntary foregoing a right in order to comply with or accommodate government orders, requests or laws, (“Force Majeure”).During any Force Majeure period, seller may without further liability or obligation to buyer (a) postpone performance; (b) reduce or eliminate Goods; (c) allocate available goods among its customers as Seller determines; (d) if Force Majeure affects Seller’s costs of operations, add to the cost of Goods its increased fuel costs, including taxes, and other costs associated with handling Goods and operations, so long as Force Majeure affects its costs.Seller’s only obligation, and Buyer’s only remedy for breach of any warranty will be for Seller, at its option, to reperform service, repair or replace any defective Goods at Seller’s distribution center (Buyer paying shipping) or refund the price paid to the extent of any claim.

The foregoing supersedes all oral warranties and representations, and written warranties and representations that are not expressly designated in writing as seller’s “Warranty”, including those made or implies in any manual, literature, advertising or other materials. Seller’s liability for claims, including negligence, will not exceed the price of specific Goods that give rise to a claim.Thereafter, if payment is late, Seller may withhold any payments to Buyer and assess a per-day late payment fee of the lower of 0.05% (18%/360) or the maximum rate permitted by law on the outstanding balance until paid, beginning on the first business day after such due date.