Purchaser agrees to purchase and receive from Seller the products in the amounts, at the price and the delivery terms quoted above and to take delivery in approximately equal monthly shipments within the agreed upon time period specified above. Purchaser further agrees to pay to Seller for all products purchased within the payment terms specified above. In the event that Purchaser does not pay within the terms specified above, then Seller may withhold all future shipments.
This Confirmation of Sale shall be governed by and construed in accordance with the laws of the State of Illinois. Seller shall be entitled to recover from Purchaser all collection costs and expenses, including but not limited to, product costs, shipping costs and expenses, attorneys’ and paralegals’ fees and costs incurred by the Seller.
The parties irrevocably agree that all actions or proceedings arising out of or related to this Confirmation of Sale shall be litigated only in courts having situs in Cook County, Chicago, Illinois. Each party hereby consents and submits to personal jurisdiction in the State of Illinois and waives any right such party may have to transfer the venue of any such action or proceeding.
Seller will not be liable for any failure to deliver product, either in whole or in part, when the failure is caused by strikes, work disturbance, acts of God, wars, shortages of materials or disruptions to or shortages of Seller’s supply chain, impediments of transportation or any other cause beyond Seller’s commercially reasonable control. In no event will Seller be liable for any direct, indirect, punitive, incidental, special or consequential damages. Buyer’s sole remedy for any breach of this Confirmation of Sale shall be replacement of the product or refund of the fees.