descriptions of the products and systems contained therein. L&H reserves the right to make additions, deletions or modifications to its binders, and changes in its suppliers, without notification to Customer.
10. USE OF PRODUCTS AND SYSTEMS. The installation and the operation of the products and systems purchased from L&H in a safe manner and in conformance with all applicable codes and regulations, including the Occupational Safety & Health Act (O.S.H.A.) is Customer’s responsibility.
11. OWNERSHIP OF DESIGNS. If any engineering and/or design work is performed by L&H for Customer relative to products ordered under this agreement, Customer agrees that all right, title, copyright and ownership of such engineering and/or design work is solely the property of L&H.
12. SMALL ORDERS. Contact your L&H office for minimum billings. Small orders are costly to handle and process. This is true for both the buyer and seller. Contact L&H’s nearest office for suggestions on eliminating or minimizing the costs of small orders placed with L&H.
13. CHANGES IN TERMS AND CONDITIONS. These Terms and Conditions are subject to change by L&H without prior notice. As per Section 1 above, these Terms and Conditions may not be altered in any way by Customer and L&H hereby rejects any effort by Customer to effect any such alteration.
14. CUSTOMERS. Customer represents and warrants that it shall use any goods subject hereto solely for its own use in its business operations or for resale to other businesses for similar use. L&H does not sell consumer products.
15. FORCE MAJEURE. If L&H’s ability to perform its obligations to Customer is limited, delayed or prevented in whole or in part by any event or condition not reasonably within the control of L&H or its suppliers, including without limitation acts of God, war, civil strife, labor unrest, transportation delays, or by any law, rule, regulation, order or any other action of any public authority, L&H shall be excused, discharged and released of performance to the extent such performance is so limited, delayed or prevented, without liability of any kind.
16. WAIVER. Waiver by L&H of any default of Customer or of any provision hereof shall not be deemed a waiver of any other default of Purchaser.
17. CONTROLLING LAW. The validity, construction and performance of these Terms & Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding that body of law applicable to choice of law. Each of the parties irrevocable consents to the exclusive jurisdiction and venue of the federal and state courts located in Mecklenburg County, North Carolina in any action relating hereto or to the subject matter hereof. In the event any provision of these Terms & Conditions or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms & Conditions shall remain in full force and effect.