1. The vendee shall indemnify and save harmless the vendor from and against all loss or damage arising out of injuries to or death of persons, and damage to or destruction of property (other than that caused by defective products) in any manner caused by, incident to, or connected with the products furnished by the vendor.

    The vendee may insure against the foregoing liabilities under standard forms of insurance policies.
    Whenever necessary vendee’s policies should be endorsed to provide for coverage and in the event of any loss or damage as aforesaid vendee should promptly report such loss or damage to the Insurance company and the vendor.

  2. Service and deliveries by the vendor shall be subject to floods, strikes or other labor disturbances. fires, accidents, wars, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of governments, or any other similar or dissimilar cause beyond the vendor’s reasonable control.

  3. In addition to the price or prices specified herein, the vendee shall pay to the vendor, or at its election, to the appropriate taxing authorities., the amount of all governmental taxes, excises or other charges, present or future imposed upon or payable or collectible by the vendor with respect to or which is ascertained by reference to the production, sales, transportation, possession or use of any product or equipment sold, rented or otherwise furnished by the vendor hereunder, except taxes imposed upon or measured by net income.

  4. There is no warranty of merchantability and there are no other warranties which extend beyond the description on the face hereof of the products or products sold of delivered hereunder. Furthermore, vendor shall not be liable for any damages, consequential or otherwise, arising out of or In connection with the manufacture, labeling, packaging, delivery, storage or use of any product sold or delivered hereunder and resulting from any breach of any warranty contained in or created by said description of said product, except that in the event any product sold or delivered hereunder shall fail to meet said description, vendee shall be entitled to replacement of such product, at no cost to vendee, with a product which does meet said description, and this remedy shall be vendee’s, exclusive remedy. Failure of vendee to give written notice of claim within thirty (30) days after receipt of any product shah constitute a waiver by vendee of all claims with respect to such product.