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SHIPPING POLICY

PLEASE REGARD THE FOLLOWING STATEMENT AND ANY SUBSEQUENT EMAIL STATEMENTS AS YOUR INVOICE. QUOTATIONS SUBJECT TO CHANGE WITHOUT NOTICE. ALL CLAIMS FOR ERRORS, OR ADJUSTMENTS OF ANY KIND MUST BE MADE WITHIN 5 (FIVE) DAYS AFTER RECEIPT OF GOODS. MERCHANDISE NOT ACCEPTED FOR CREDIT WITHOUT OUR PRIOR WRITTEN CONSENT. WE HEREBY CERTIFY THAT THESE GOODS WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7 AND 12 OF THE FAIR LABOR STANDARDS ACT OF 1938, AS AMENDED AND ALL REGULATIONS AND ORDERS OF THE ADMINISTRATOR OF THE WAGE AND TAX DIVISION ISSUED UNDER SECTION 14 THEREOF.

ALSO NOTE THAT ANY AND ALL SHIPPING CHARGES ON CHEMICAL PRODUCTS WILL BE CALCULATED AND ADDED TO THE TOTAL OF THE INVOICE AMOUNT. SHIPPING CHARGES ON LIGHTING PRODUCTS ARE PRE-PAID BY MORNING STAR INDUSTRIES.

MORNING STAR INDUSTRIES, INC. does not warrant or guarantee 1) the accuracy, adequacy, quality, currentness, validity, completeness, or suitability of any Information for any purpose; 2) that any Informational Content \ Promotional Content will be free of infection by Malfunctional Script files, (CGI, JAVA, ActiveX or otherwise), viruses, WORMS, computerized “Trojan horses”, Unsecure Business Transactions, Unsecure Web Sites, Unsecure Web Pages, Garbled Data or anything else manifesting contaminating or destructive properties; 3) that the Informational Content \ Promotional Content will not contain objectionable material, or material which some individuals may deem objectionable; or 4) that the functions or related services performed by MORNING STAR INDUSTRIES, INC. will be uninterrupted or error-free or that defects in MORNING STAR INDUSTRIES, INC. will be corrected.

IN NO EVENT WILL MORNING STAR INDUSTRIES, INC. BE LIABLE TO ANY PARTY (i) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE MORNING STAR INDUSTRIES, INC. OR ANY CONTENT, EVEN IF MORNING STAR INDUSTRIES, INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN AGREEMENT, CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY CONTENT PRESENTED BY MORNING STAR INDUSTRIES, INC.

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