Vendor Door Catalogs PlastPro 2020 Price Book | Page 32

TERMS AND CONDITIONS Force Majeure Plastpro shall not be liable for damage resulting from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, acts of God, fires, explosions, floods, war, or authorized by any government, accident, labor or storage trouble, and inability to obtain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. No Assignments This agreement is not assignable or transferable by either party, in whole or in part, except with the prior written consent of the other party. Limitations of Remedies The remedies set forth herein are the Distributor’s exclusive remedies for breach of these terms and conditions. In no case shall Plastpro Inc. be liable to the Distributor or any other person for any general, incidental or consequential damages. There are no other terms and conditions expressed or implied, including warranties of merchantability and fitness for a particular purpose, except as is set forth herein. No distributor, dealer or Plastpro Inc. representative has the authority to change or modify these terms and conditions of sale. In no instance shall Plastpro Inc. be responsible for indirect, consequential or incidental damages. 32