Prices and Terms: Price, terms and availability of merchandise are subject to change without notice, including but not limited to changes caused by the fluctuations in market price, availability or quality of any of the items employed in the manufacture of the goods described herein. Marathon LS may increase the prices for goods under this contract by providing the buyer (the “Buyer”) with at least five (5) days prior written notice. Such increased prices shall be deemed to be accepted by the Buyer unless, before the effective date of such increase, the Buyer notifies Marathon LS in writing to the contrary, whereupon Marathon LS shall have the right to terminate this contract with respect to such goods or to continue shipments without such increase. Unless otherwise provided on the face hereof, payment hereunder shall be due net thirty (30) days from the date of shipment. All amounts past due shall bear interest at the rate equal to the lower of (a) 1.5% per month or (b) the maximum rate allowable by applicable law. Marathon LS’s obligation to produce or deliver hereunder is conditioned upon the continued good credit of Buyer and upon Buyer’s payment when due of any sum owing by Buyer to Marathon LS under any agreement between the parties. Based on Marathon LS’s reasonable judgment, if Buyer’s financial condition at the time the merchandise is ready for shipment does not justify the terms specified, Marathon LS reserves the right to change these terms, to require full or partial payment in advance, or to ship the goods C.O.D.
Taxes: Any taxes or other government levy or charge (or any increase in same) which Marathon LS may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the material covered hereby, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of Buyer, and may, at Marathon LS’s option, be added to the price of good shipped hereunder
Shipments: Shipment dates are based upon Marathon LS’s best judgment and are subject to factory schedules and production limitations, and hence are not guaranteed.
Delivery in Installments: Marathon LS reserves the right to make delivery in installments, unless otherwise expressly stipulated herein. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.
Delay Force Majeure: Marathon LS shall not be liable for delays in performance caused by force majeure, act of God, fire or other casualty, accident, strike, boycotts, shortage of labor or materials, governmental action or other cause beyond Marathon LS’s reasonable control; and the time for Marathon LS’s performance shall be extended by the period of any such delay. Marathon LS reserves the right to apportion its production among its customers as it may determine.
