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TERMS AND CONDITIONS OF SALE

PRICES:
The prices stated herein are based on any quantities of pieces. Prices are subject to change without notice.

RETURNED MERCHANDISE:
RETURN OF STOCK ITEMS WILL BE ACCEPTED ONLY WHEN AUTHORIZED BY THEATRICAL HARDWARE.COM. PERSONNEL AND MUST BE RETURNED FREIGHT PREPAID WITHIN THIRTY DAYS OF ORDER IN ORIGINAL CONDITION. STOCK RETURNS WILL BE CREDITED FOR INVOICE AMOUNT LESS A 20% RE-STOCKING CHARGE.

TIME OF DELIVERY:
Seller shall not be responsible for delay in shipments or delivery or for non-performance of contracts, in whole or in part, if such delay or non-performance shall be due to fires, floods, strikes, work stoppages or slowdowns, accidents, casualties, inability to procure raw materials, delays in transportation however caused, or other causes beyond Seller's control.

LIMITED WARRANTY:
The seller warrants that the goods to be delivered will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty appear within one year after the initial date of delivery, the Seller shall, upon notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with the Seller's recommendations and standard industry practice, correct such defects by suitable repair or replacement at its own expense.

THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of the Seller to the purchaser with respect to, or arising out of the goods, whether based on contract, negligence, strict tort or otherwise.

LIMITATION OF LIABILITY:
The Seller shall not under any circumstances be liable for special or consequential damages, such as, but not limited to, damage or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods, or claims of customers of purchaser for service interruptions. The remedies of the purchaser set forth herein are exclusive, and the liability of the Seller with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation or use of any goods covered by or furnished under this contract whether arising out of contract negligence, strict tort, or under any warranty, or otherwise, shall not, except as expressly provided herein, exceed the price of the goods upon which such liability is based.

EXCULPATORY AND INDEMNIFICATION AGREEMENT:
Buyer hereby agrees that the Seller will not be liable to the buyer for any loss, damage or injury to persons and property of the buyer arising out of any claim for negligence, breach of warranty, or strict tort liability arising out of any defect in the product or arising out of any operations and activities under this contract, even though the defect and/or loss, damage, or injury to persons and property of the buyer resulted from the negligence, breach of warranty, or strict tort liability of the Seller. Furthermore, the buyer hereby agrees to indemnify, defend, and save harmless the Seller from any and all claims for loss, damage, or injury to any and all persons and property arising out of any claim for negligence, breach of warranty, or strict tort liability arising out of any alleged defect in the product or arising out of any operations and activities under this contract even though the defect and/or loss, damage, or injury to any and all persons and property resulted from the sole alleged negligence, breach of warranty, or strict tort liability of the Seller.

ENTIRE AGREEMENT:
The terms set forth herein constitute the sole terms and conditions of the contract between the Seller and the Buyer. No other terms, conditions or understandings, whether oral or written, shall be binding, unless hereafter made in writing and signed by both the Seller and the Buyer.

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