The Wagner Companies shall not be responsible for any delay or failure to make shipment or delivery of all or any part of the merchandise being sold due directly or indirectly to any cause beyond our reasonable control; including, without limitation, inability to obtain materials; fire; flood; law or other governmental regulation, rule or order; strike or other labor difficulty; supplier or carrier failure or delay; war; accident; explosion; and riot.
Reasonable precautions are taken by the Wagner Companies to provide material conforming to agreed specifications. The Wagner Companies will replace at the point where delivery of the material is first made or, at our option, will allow credit for the purchase price of such material if, and to the extent:
- The material is defective or not in conformity with the agreed specifications.
- You have notified us in writing of the defect with reasonable promptness after the delivery of material.
- The Wagner Companies has been given reasonable opportunity to inspect the material.
Except as stated herein, the Wagner Companies shall not, under any circumstances, be responsible for any special, direct, indirect, incidental, consequential or other damages of any nature (including any labor or repair expense) arising out of this sale or the material covered hereby.
There are no warranties made by the Wagner Companies with respect to this sale, whether expressed or implied, and no warranty of merchantability or fitness of these materials for any particular purpose, except as stated here.
No waiver, alteration or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive of the Wagner Companies.
Claims must be entered within twenty (20) days from the date of invoice.