IMPORTANT: Please read the following, and the Privacy Statement before accessing and using this Site.
Thank you for visiting www.Fann.com. We hope that you will find this website ("Site") helpful and informative.
The following are the terms and conditions ("Terms") that apply to and govern your use of this Site. These Terms also incorporate our Privacy Statement. If you do not agree with any terms or conditions herein, or have any questions, before proceeding contact us directly at firstname.lastname@example.org, and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
Exclusive Terms. Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement that you may have or enter into with any Halliburton entity for any given product or service. The latter agreement will continue to govern that specific legal relationship with Halliburton. However, some pages on this Site or areas of this Site with restricted access ("Secured Sites", including project extranets or sites engaged in e-commerce) may require the application of additional or special terms and conditions (for example, licensing restrictions to download software) which may be accessed through a separate link on the home page of that Site.
Changes to Site. In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this Site at any time without notice. We also reserve the right to make changes in the Terms and the Privacy Statement, so please check before each use for changes.
Secured Sites: Access to some areas on this Site is restricted to users ("Authorized User(s)") who have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password ("Secured Site(s)"). No other persons other than Authorized Users may access these Secured Sites. Registrations, passwords, and user ID numbers are non-transferable. Due to technical uncertainties in internet transmissions, Halliburton cannot be responsible for authenticating the identity of any person accessing a Secured Site with a verified user ID and password. As an Authorized User, you are solely responsible and liable to maintain the security and confidentiality of your password and user ID, and accordingly, you are liable for all resulting access, use and activities on these Secured Sites under this ID and password, including any use by others "borrowing" the user ID and password, or any fraudulent, erroneous, or unauthorized third party use. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your idenity is being used or attempted to be used on a Secured Site or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud, it is your responsibility to inform us immediately upon discovery so we may take appropriate action. We reserve the right to terminate any Authorized User's access to and use of a Secured Site at any time, and without notice, including but not limited to any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the Secured Site under a user ID and password.
Copyright Notice. You acknowledge that, unless otherwise specifically designated, Halliburton is the sole owner of all intellectual property rights to this Site and its contents, including but not limited to copyright protection for all content, including the design, layout, graphics, photos, format, and other visual elements of the Site. All ownership rights pertaining to the information and material contained on this Site, including but not limited to the Fann name, logos, trademark, graphics, photos, images, and content, are owned or have been duly licensed by Halliburton, WITH ALL RIGHTS RESERVED. The Site pages and content may be electronically copied or printed in hard copy for internal informational, personal or non-commercial use only, provided that no modifications are made, it is not published in any media, and on each page of ever internal copy, Halliburton is acknowledged as the source with a copyright symbol. You are not granted any license to use the content. Any use other than that set forth above, including the non-internal reproduction, modification, copying, display or use of any copyright-protected Fann or other logo, graphic, photo or image, without the prior written permission of Halliburton, is strictly prohibited and will be enforced to the full extent of the law. Except for data and information submitted pursuant to an existing agreement with Halliburton, any ideas, material, or content submitted by any user on or through this Site (including by e-mail) is, to the extent you own the intellectual property rights, the sole property of Halliburton, and Halliburton has no obligation of confidentiality nor are we responsible for any claims of infringement or misappropriation that may result from any submission. Personal information submitted will be treated in accordance with our Privacy Statement. Halliburton makes no guarantee, representation or warranty that the content of this Site or its use will not infringe upon the intellectual property right of any person, nor that the use, transfer, reproduction, distribution, transmission, or storage of any Site content outside the United States is in compliance with the laws of any other governmental authority or jurisdiction which may be applicable.
No Warranties Provided. The information on this Site is provided for general information purposes only. While Halliburton strives to provide timely, accurate and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at email@example.com. Since such mistakes may occur, HALLIBURTON MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users, some areas on this Site may allow for interactive communication, some of which may be conducted in "real time". You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. Halliburton has no obligation to monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Site, however we may at our discretion from time to time monitor use of the Site, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Site, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at firstname.lastname@example.org. Halliburton will handle any personally identifiable data or information posted by you in accordance with our Privacy Statement, however, any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Site may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. Halliburton will have no liability for any content posted by users on any Site (including Secured Sites).
Compliance with all Laws. This Site is operated from servers located in Houston, Texas. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. This Site may not be accessed or used by any national of certain countries or groups against which the United States has instituted sanctions (including Iran, Libya, Iraq, Cuba, the Sudan, and members of some Angolan and Serbian groups), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, your access of the Site, including the presentment of any authorized user ID and password, constitutes your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, and (3) that, if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HALLIBURTON HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Site Security. So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Therefore, Halliburton has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.
Access Outside United States. If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.
Privacy. The use of your personal information given to us during your visit to our Site is governed by the Halliburton Privacy Statement, which is posted on this Site and incorporated into these Terms. You agree that any personal information you choose to provide to us will be accurate and truthful to the best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT HALLIBURTON AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HALLIBURTON AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to Halliburton within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to Halliburton which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST HALLIBURTON BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Houston, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.
Thank you for visiting www.Fann.com. If you have any questions, comments, or suggestions concerning this Site, we would like to hear from you. Please contact email@example.com.
TERMS AND CONDITIONS FOR SALE
'Fann' as used herein is defined as Fann Instrument Company, A Product Service line of Halliburton Energy Services, Inc.
All orders from Customer are subject to final acceptance by Fann and to the conditions set out herein. Terms and conditions set forth in Customer's order shall be null and void unless specifically accepted by Fann in writing. Performance by Fann pursuant to order of Customer shall not constitute acceptance by Fann of Customer’s terms and conditions.
SOME OR ALL OF THE GOODS AND SERVICES (INCLUDING ANY SOFTWARE AND TECHNICAL DATA) TO BE SUPPLIED HEREUNDER ARE OF U.S. ORIGIN OR ARE PRODUCED FROM U,S. TECHNOLOGY. THE PARTIES ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES REGULATE THE MOVEMENT BETWEEN COUNTRIES OF SUCH GOODS AND SERVICES,
WHETHER IT BE THE INITIAL EXPORT FROM THE U.S. OR ANY SUBSEQUENT MOVEMENT ACROSS AN INTERNATIONAL BORDER. FANN CAUTIONS THAT ANY CHANGE IN USE, CHANGE IN COUNTRY OF USE OR USE BY A PARTY OTHER THAN CUSTOMER MAY ALTER THE STATUS OF THE GOODS AND SERVICES UNDER APPLICABLE LAWS OF THE UNITED STATES AND THE COUNTRY OF USE AND MAY RESTRICT OR PROHIBIT SUCH CHANGE. CUSTOMER AGREES THAT IT SHALL IN NO CASE BE PARTY TO A TRANSACTION WHICH WOULD ALLOW SUCH GOODS OR SERVICES TO BE USED IN CONNECTION WITH THE DESIGN, PRODUCTION, USE OR STORAGE OF CHEMICAL, BIOLOGICAL OR NUCLEAR WEAPONS OR MISSILES OF ANY KIND OR WOULD RESULT IN A VIOLATION OF OR PUNISHABLE OFFENSE UNDER UNITED STATES LAW. ANY FANN OBLIGATION TO SUPPLY GOODS AND SERVICES TO CUSTOMER IS SUBJECT TO ITS ABILITY TO DO SO UNDER APPLICABLE
LAW CURRENT FROM TIME TO TIME HEREAFTER, INCLUDING ITS ABILITY TO SECURE A LICENSE FROM THE APPROPRIATE AGENCY OF GOVERNMENT. ANY FAILURE OF FANN TO COMPLY WITH SUCH AN OBLIGATION OR DELAY IN COMPLIANCE ARISING OUT OF OR IN CONNECTION WITH APPLICABLE LAW OR INABILITY TO OBTAIN A LICENSE SHALL BE DEEMED A FORCE MAJEURE EVENT AND NOT A BREACH OF CONTRACT.
This quotation is based upon final destination of the items being as designated in this quotation. In the event final destination is different form such designation, or is later changed, this quotation is void and new quotation must be provided for actual final destination.
If Customer does not have an approved open account with Fann, all sums due are payable in cash at the time of performance of services or delivery of equipment, products or materials. If Customer has an approved open account, invoices are payable on the twentieth day after date of invoice. Customer agrees to pay interest on any unpaid balance from the date payable until paid at the highest lawful contract rate applicable, but never to
exceed 18% per annum. In the event Fann employs an attorney for collection of any account, Customer agrees to pay Fann's reasonable and necessary attorney fees, but in no case shall the attorneys fees be less than 20% of the unpaid account, plus all collection and court cost.
With respect to some export sales, payment is to be made in exchange for the documents mentioned in delivery below to be tendered to bankers approved by Fann for the full amount of the goods sold, with such credit to be confirmed to Fann by such bankers and to remain in full force until the order of customer shall be completely performed by Fann.
Export letters of credit are to be confirmed and irrevocable, payable at sight in U.S. Dollars and issued by a major bank acceptable to Fann with Fann at the address shown in this quotation as beneficiary. All bank transfer charges, commissions, amendment charges or any charges in connection with the letter of credit are for the Customers account. The latest shipment date of the letter of credit should be thirty days after the quoted delivery date. The expiration date should be at least sixty days after the latest shipment dated.
All prices quoted are exclusive of any federal, state, local, sales, use, excise, value added, or similar taxes imposed on the sale or use of the services, equipment, product or material listed, which taxes will be added to quoted prices where applicable upon invoicing.
Prices quoted herein are in U.S. Dollars per INCOTERMS 2000 as defined under delivery.
Prices quoted herein are firm for ninety days from the date of this quotation, unless specified otherwise, will be the invoice price through delivery provided order is received within this period and order can be invoiced and shipped when completed. Deliveries quoted are estimates and subject to change based on first come first served. Firm shipping dates will be provided for the material upon placement of order.
All weights shown on the quotation are approximate per unit expressed in U.S. pounds and/or fractions thereof unless otherwise specified.
No alternations in specifications or changes either for total quantify, delivery, mechanical, chemical or other details may be made without written consent of Fann and adjustment or confirmation of prices.
All prices, terms and conditions are subject to change without notice.
All quoted discounts are limited and applicable to commodity sales prices only. Discounts do not apply to packing charges, freight charges, etc.
INSPECTION & EXPEDITING
Inspection of the goods by Customer is to be made at Fann's works and at Customer's expense and such inspection and acceptance shall be final. Reasonable facilities will be afforded to inspectors representing the Customer. If the Customer requires expediters, inspectors, and/or agents, Fann will make available personnel to assist the Customer's expediters, inspectors, and/or agents during normal working hours at Fann's works and
charges for Fann's personnel in the amount of $25.00 per employee, per hour or any part thereof if less than one hour, will be added to the price quoted for the products, supplies and materials.
FANN'S PLANS AND SPECIFICATIONS
All plans, specifications and like material, attached hereto or finished herewith, are now and shall remain the exclusive property of Fann. Customer hereby agrees to receive such materials with the understanding that ft features and all aspects of all designs, drawing, engineering data and other technical or proprietary information, will be kept confidential, No part of said plans, specifications, blueprints or other like material, shall be used or reproduced, without the express written consent of Fann, signed by one of its officers.
Fann reserves the right to change or modify the design of any Fann product, supplies and materials without obligation to furnish or install such changes or modifications on products previously or subsequently sold.
All items quoted are new and unused, manufactured by/for Fann, unless specifically stated to the contrary.
COUNTRY OF ORIGIN
All items quoted are manufactured or purchased from within the United States (unless specifically stated otherwise).
All parts hereof are severable. The invalidity of any part shall not affect the validity of any other part.
Fann warrants only title to the equipment, products and materials supplied and that the same are free from defects in workmanship and materials for one year from date of delivery. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS OR OTHERWISE BEYOND THOSE STATED IN THE IMMEDIATELY PRECEDING SENTENCE. Fann's sole liability and Customer's exclusive remedy in any cause of action (whether in contract, tort, breach of warranty or otherwise) arising out of the sale, lease or use of any equipment, products or materials is expressly limited to the replacement of such on their return to Fann or, at Fann's' option, to the allowance to Customer of credit for the cost of such items. In no event shall Fann be liable for special, incidental, indirect, consequential or punitive damages. Notwithstanding any specification or description in its catalogs, literature or brochures of materials used in the manufacture of its products, Fann reserves the right to substitute other materials without notice. Fann does not warrant in any way equipment, products, and material not manufactured by Fann, and such will be sold only with the warranties, if any, that are given by the manufacturer thereof. Fann will only pass through to Customer the warranty granted to it by the manufacturer of such items.
Tender to the customer or his authorized agent of commercial invoice and shipping documents, consisting of proper bills of lading or air waybill(s) and in case of ”CIF” sales, a negotiable insurance certificate, shall constitute full and final delivery on the part of Fann and entitle it to payment as stated herein.
Sales quoted as 'Ex Works' means Fann fulfills it obligation of delivery when it has made the goods available at its premises (i.e. works, factory warehouse, etc.) to the Customer, unless otherwise stated, "such shall constitute full and final delivery on the part of Fann as provided in INCOTERMS 2000. Sales quoted as “FCA Named City" means Fann fulfills it obligation of delivery when it has arranged carriage via common carrier to the first delivery point in the named city and pays the freight charges shall constitute full and final delivery on the part of Fann as provided in INCOTERMS 2000. Under “FCA”, “CIF”, "FAS”, “FOB” and any other similar terms, Fann will not be required to obtain any export licenses or other official authorization necessary for export of the goods nor pay any taxes, fees and charges levied in respect of the goods because of exportation.
Delivery terms for “CIF”, “CFR”, “CPT”, “CIP” or similar terms are quoted upon request as well as export preparation.
Title shall remain with Fann until Customer actually receives the goods.
TIME OF DELIVERY AND DELAYS
Shipping dates or delivery dates quoted are estimates. Fann shall not be liable for any delay in manufacture or delivery due to fires, strikes, delays in transportation, shortage of cars, shortage of fuel or other material, shortage of labor, demands or requirements of any Government or due to any other causes beyond the reasonable control of Fann or the Manufacturer.
Orders cannot be canceled by Customer under any circumstances without Fann's consent and upon terms which will indemnify Fann against all loss.
RETURN OF GOODS
Neither all nor part of Customer's order may be returned to Fann without prior written agreement of Fann. In the event Fann shall agree to such return, Customer agrees in addition to any other requirements of Fann to pay all shipping charges and Fann's minimum restocking charge of 20% and that such goods be unused, undamaged, salable and in new condition. Under no circumstances may any goods be returned to Fann that are
used, damaged, labeled CSI (Customer Service Item), considered a special order or are not regularly stocked by Fann. On items Labeled CSI and special items, Fann will attempt to advise the Customer at time of order if the products, supplies, and materials are special or CSI, but Fann's failure to do so shall not be taken as a denial of the fact that it is a special item or CSI. Chemical and rubber products can not be returned as they are not re-stockable.
RELEASE AND INDEMNITY
To the maximum extent allowed by applicable law, Customer agrees to release Fann, its parent, subsidiary, affiliated companies, subcontractors and vendors and insurers and its/ their officers, directors, employees and agents herein referred to as “Halliburton Group”, from liability for any and all damages whatsoever to property of any kind owned by, in the possession of or leased by Customer. Customer also agrees to defend, indemnify and hold Halliburton Group harmless from and against any and all liability, claims, cost, expenses, attorney fees, and damages whatsoever for personal injury, illness, death, property damage and loss resulting from: loss of well control; services to control a wild well whether
underground or above the surface; reservoir or underground damage, including loss of oil, gas, other mineral substances or water; surface damage arising from underground damage; damage to or loss of the well bore; subsurface trespass or any action in the nature thereof, fire; explosion; subsurface pressure; radioactivity; contamination and pollution of any kind and its cleanup and control. Customer’s release, defense, indemnity and hold harmless obligations will apply even if the liability and claims are caused by the sole, concurrent,
active or passive negligence, fault or strict liability of one or more members of the Halliburton Group, the un-seaworthiness on any vessel or any defect in the data, products, supplies, materials or equipment furnished by Halliburton Group whether in the design, manufacture, maintenance or marketing thereof or from a failure to warn of such defect.
The validity, interpretation and construction of these terms and conditions shall be determined by the laws of the State of Oklahoma, U.S.A except for any conflict of laws provisions that would apply the law of another jurisdiction.
Fann shall not be responsible for any delay or nonperformance due to governmental regulation, labor disputes, war or war-like actions, civil
disturbances or riots, weather, fire, acts of god or any other causes beyond the reasonable control of Fann.
Customer agrees that Fann shall not be bound by any changes or modifications in these terms and conditions, except where such change or modification is made in writing by a duly authorized executive officer of Fann.
Delay in enforcing any or all of the above terms and conditions shall not constitute a waiver nor preclude any subsequent enforcement. Failure to take prompt action with respect to any act or omission contrary to these terms and conditions shall not constitute a waiver of any right respect to such act or omission or any subsequent act or omission.
Any resulting order should reference this quotation and be addressed to the attention of the undersigned at the address shown on the quotation heading.