WeatherSpan™

1. Acceptance of Terms and Conditions: Sales by Seller of its products (“Products”) are expressly limited to the terms and conditions contained herein. Any additional or contrary terms and conditions of sale contained in any form of Buyer are rejected.

2. Prices and Deliveries: Prices are subject to change without notice. Price quotations are subject to change without prior notice. All shipments are made F.O.B. Seller’s plant, unless otherwise stated in writing by Seller. “On-time” means the date promised by Seller but subject to supply and production schedules and interruptions. Seller’s shipping quantity standard is +10% -5%.

3. Warranties: Seller warrants that Products delivered will meet seller’s specifications for each Product at the time of sale. Specifications for Products change from time to time. The most current specifications for each Product are available upon request. Buyer’s remedies are limited to the repair or replacement of such Product or the return of the purchase price, at Seller’s option. Before any warranty claim will be honored, Seller must be given an opportunity to inspect Product in question. No product should be returned to Seller without Seller’s prior written consent.

SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS OR THE USE OF THE PRODUCTS OR THE PERFORMANCE OF THE PRODUCTS. SELLER SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT, ANY WARRANTY NOT SPECIFICALLY PROVIDED HEREIN. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF THE SALE OF PRODUCTS, A BREACH OF THE WARRANTY PROVIDED HEREIN OR ANY USE OR MISUSE OF PRODUCTS.

4. Governing Law and Forum: This agreement shall be governed by and construed in accordance with the laws of the State of Ohio but disregarding conflicts of law, and all disputes resolved by the state and federal courts of Summit County, Ohio and/or arbitration procedures as set forth in the local Rules of Court for those courts. Buyer submits itself to that exclusive jurisdiction.

5. Roll Length: Roll lengths indicated are nominal and may vary. Each roll may contain up to three pieces. No piece will be shorter than seven yards.

6. Custom Colors: Custom colors are available with a minimum order quantity.

7. Flame retardant: See our website or a sales manager for specific details, not all weights and colors are retardant.