Glue Machinery Corporation
Champ™ Stick 400 Manual
Part # G25E03-001
Glue Machinery Corporation™
4234 Boston St, Baltimore, Maryland 21224
Toll Free 1-888-202-2468 | Phone: 410-761-2727 | Fax: 410-761-5127 | Email:
info@gluemachinery.com
www.gluemachinery.com
7
.
ITEM RETURNS
: Seller, in its sole and exclusive discretion, shall have the right to accept
returns of item(s) from Buyer during the applicable Warranty Period. No item shall be
returned, however, unless (i) Seller has issued to Buyer a written return authorization number,
(ii) Buyer has a valid receipt for the item, and (iii) the Warranty Period has not expired.
Buyer shall be responsible for any costs and expenses associated with the return of any item,
including, but not limited to, any applicable shipping costs and any costs associated with the
proper disposal of the returned items.
8.
FORCE MAJEURE
: Seller shall be excused from, and shall have no liability for, any
prohibitions, failures, interruptions or delays in the manufacture or delivery of any items
which may be occasioned by matters beyond the control of Seller, including, but not limited
to, any act of sabotage, fire, flood, storms, explosion, labor dispute, strike, work stoppage,
riot, insurrection, war, act of, or priorities granted by request of or for the benefit, directly or
indirectly, of any government body, authority or agency, shortage of raw materials or supplies,
act of God, or any other causes beyond Seller’s control. In the event of any such prohibition,
failure, interruption or delay in manufacture or delivery, Seller may, at its option, extend the
delivery time or cancel the order in whole or in part.
IN NO EVENT SHALL SELLER BE
LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR CLAIMS OR ANY NATURE RESULTING
FROM FAILURE OR DELAY IN DELIVERY
.
9.
TERMINIATION/CANCELLATION
: In addition to any other remedies that Seller may
have as provided by law or in equity, if Buyer (i) fails to make any payment when due
hereunder, or (ii) fails on request to give proper shipping instruction, or (iii) fails to accept
delivery at times stated, or (iv) becomes insolvent or otherwise voluntarily or involuntarily
becomes subject to any bankruptcy or receivership proceedings, or (v) otherwise fails to
comply with any terms and conditions of any contract between Buyer and Seller, Seller shall
have the right at its option to terminate this Agreement, recover damages and deduct any
undelivered quantities of items from the total quantities of items to be furnished to Buyer,
whether under this or any other contract between Buyer and Seller. Additionally, Seller may,
at any time or times, suspend performance of any order or require payment in cash, security
or other adequate assurance satisfactory to Seller when, in Seller’s sole opinion, the financial
condition of Buyer or other grounds for insecurity warrant such action.
Buyer shall not be permitted to modify or cancel its order without the prior written consent of
Seller. In no event shall any order be modified or cancelled for any portion thereof already
manufactured, blended or in the process of manufacture or blending at the time the request
for modification or cancellation is received by Seller. Seller, in its sole and exclusive
discretion, shall have the right to make exceptions to this cancellation/modification
requirement upon such terms as are satisfactory to Seller and that will protect and indemnify
Seller against all loss.
Seller intends to comply with all federal, state and local laws and regulations applicable to
the performance by Seller of each order, but any failure of Seller to so comply shall not be a
defense to, or excuse Buyer from, performance by Buyer of any order.
10.
INDEMINIFICATION
: Seller shall not be liable for any inaccurate, incomplete, or faulty
specifications supplied by Buyer, nor will seller be liable for any infringement or alleged
infringement of any patent, trademark, design, or other intellectual property rights arising out
of Seller’s compliance with Buyer’s specifications. To the fullest extent permitted by law,
Buyer shall protect, defend, indemnify and hold harmless Seller, its directors, officers,
shareholders and employees (collectively “Seller”) from and against any and all manner of
actions, claims, demands, damages, losses, liabilities, penalties, judgments, costs and
expenses of any kind whatsoever (including without limitation, attorneys’ and consultants’
fees and expenses), whether in law or in equity or otherwise, arising out of or relating to (i)
any inaccurate or faulty specifications supplied by Buyer, or (ii) any infringement or alleged
