Unless otherwise agreed in writing by Cablesys, all sales and charges for the goods and/or services described herein shall be subject to the terms and conditions set forth herein which shall be the sole and exclusive terms and conditions applicable to any such sales. Cablesys will not be bound by any terms and conditions proposed by Buyer in its purchase order or otherwise, which are additional to or different from the terms and conditions set forth hereto.
All Sales Final
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Terms of Payment
Delivery and Transportation
All deliveries to Buyer shall be F.O.B. Cablesys premises. Unless otherwise specified in writing prior to shipment, Cablesys shall have sole control and discretion with respect to mode of transportation, routing, or any other matters relating to the transportation of said goods.
Risk of Loss
Risk of loss or damage to said goods shall pass to Buyer at the time Cablesys puts the goods in the possession of the carrier. 7. FORCE MAJEURE: Cablesys shall not be liable for any delay or failure in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Cablesys if such delay or failure is directly or indirectly caused by any act of God, fire, flood, explosion; governmental interference, embargoes, strikes, labor disputes; shortage of labor, fuel, material, supplies or transportation; or any circumstances beyond Cablesys’ control.
Intellectual Property Rights
Buyer shall pay all costs, expenses, and disbursements, including reasonable attorneys’ fees, incurred by Cablesys in collecting any sum that may be due and owing to Cablesys from Buyer, or in the enforcement of any other terms or provisions in this agreement.
All notices and other communications required or anticipated under this agreement shall be in writing.
The rights of Buyer and Cablesys and the terms and conditions contained in this agreement shall be governed and construed in accordance with the laws of the State of California. If any provision of this agreement is deemed invalid or unenforceable, the remaining provisions shall not be affected thereby.