(b) All goods and work covered by this order which is in accord with Seller’s design, drawings or specifications will be fit and sufficient for the purpose intended. (a) All goods and work covered by this order will conform to the specifications, drawings, samples, symbols or other description specified by Shamrock and will be merchantable, of good material and workmanship and free from defect. Seller warrants to Shamrock and any end user that: If Seller charges any other buyer a lower price, Seller must apply that price to all products sold to Shamrock hereunder. Seller represents and warrants that the price for the goods is the lowest price charged by Seller to any of its external buyers for similar volumes of similar goods. Shamrock’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shamrock’s order numbers and symbols must be plainly marked on all invoices. Goods shall be suitably packed to secure lowest transportation costs and to conform with the requirements of common carriers and any applicable specifications. Seller’s shipment of the goods will be considered Seller’s acceptance to the terms and conditions contained herein. This order expressly limits Seller’s acceptance to the terms and conditions contained herein. or any of its subsidiaries (“Shamrock”) hereby rejects any and all terms or conditions proposed by the seller of the goods (“Seller”), whether or not contained in any of Seller’s business forms (including any order acknowledgement). The purchase order and the terms and conditions contained herein constitute the sole and entire agreement of the parties with respect to the purchase of the goods, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of this order.
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