8. CANCELLATIONS
A. Buyer may cancel any Equipment order/contract only upon written notice to LS and only upon such terms as will indemnify and will reimburse LS for all losses resulting there from, including LS' direct costs incurred, overhead, loss of contract profits, costs, and expenses to which LS has become committed for fulfillment of the Equipment order/contract. Completed orders may not be canceled.
9. STORAGE
A. If Buyer declines or is unable to take delivery of Equipment at time(s) specified in the Equipment Proposal/order/contract, LS may have the equipment stored at Buyer's risk and account. Buyer will pay storage, handling and re handling charges and continue to make payments according to the payment TERMS and CONDITIONS contained in the Equipment Proposal/order/contract.
10. PROPRIETARY MATERIAL
A. All drawings, patterns, specifications and information included in the Equipment Proposal/order/contract, and all information otherwise supplied by LS relating to the design, erection, operation and maintenance of the Equipment is the proprietary and/or confidential material of LS. Buyer shall not disclose such material or information except as required for Buyer to obtain service for the Equipment.
11. CHANGE ORDERS
A. Change Orders received after issuance of an Equipment Proposal/order/contract will be accepted by LS up to the time production commences. Change Orders after production has commenced may cause LS, at its option, to cancel production of the Equipment Proposal/order/contract or invoice the Buyer's account to compensate for lost time, lost revenues and/or inventory restocking costs.
12. COMPLIANCE OF SAFETY STANDARDS
A. It is LS' intention to comply with the Occupational Safety and Health Act of 1970, as LS understands it. However, since interpretations of this Act may vary, LS will not warrant or guarantee that the Equipment complies. LS shall have no obligation and shall not be responsible for any liability arising from violations of safety standards caused by location, operation or maintenance of the Equipment. Furthermore, LS shall not be liable for unauthorized use, combination, or association with any other equipment not manufactured by LS.
13. VALIDATION OF QUOTATIONS
A. Quotation issued by LS is valid for 30 calendar days unless otherwise specifically stated in the body of the quotation.
14. BONDS
A. In addition to the price specified in Equipment Proposal (Quotation), Buyer shall pay the cost of any Bonds that Buyer requires LS to obtain.
15. LIMITATIONS ON LIABILITY
A. In no event shall LS be liable for any special, indirect, incidental, consequential, or punitive damages of any character, including loss of productive facilities or equipment, lost profits, property damages, personal injuries, or irrespective of whether claims or actions for such damages are based upon contract, warranty, tort, strict liability or otherwise.
16. DUST COLLECTION
At LS Industries, we strive to determine the proper dust filtration and blow-off requirements of each machine we build. However, each customer's manufacturing facility has different environmental requirements and different requirements on the amount of residual dust that can be discharged after blasting. Since you, as the end user, are better informed to determine these requirements, LS Industries does not assume any responsibility for dust control once a machine has been accepted by you, the customer, after a successful test run at our facility.
17. CHOICE OF LAW AND SELECTION OF FORUM
This agreement and all the rights and obligations hereunder, including matters of construction, validity and performance shall be governed by, construed under, interpreted and enforced in accordance with the laws of the State of Kansas and the exclusive jurisdiction of Sedgwick County, Kansas.
18. SEVERABILITY
In the event any paragraph, term, condition or portion thereof shall be found to be illegal or void as being against public policy, such paragraph, term, condition, or portion thereof shall be stricken and the remainder of this document shall stand as the original.