Force Majeure:
General Provisions: The terms and conditions of this Policy shall govern all Releases placed hereunder and implied on any purchase order or acknowledgment form issued by either Buyer of Seller. No other terms or conditions set forth on any purchase order of acknowledgment form shall be binding upon Buyer or Seller unless said terms and conditions are specifically accepted in writing by Buyer or Seller. The failure of Buyer or Seller to enforce at any time this Agreement shall not constitute a waiver of such provisions. If any provision or illegal, it shall be deemed severable from the other validity performance and construction of this Agreement shall be governed by the laws of the State of California. Seller agrees that the Equipment and Spare Parts furnished under this Policy are produced in compliance with all applicable requirements under Sections 6, 7, and 12 of the Fair Labor Standards Act as amended and all valid and applicable regulations and orders of the “Wage and Hour Divisions” issued under Section 14 thereof. Seller also agrees to comply with all provisions of the Equal Opportunity Law of the United States including Executive Order 11246.
Entire Policy: This policy constitutes the entire policy with respect to the subject matter hereof and shall supersede all previous proposals, both oral and written, negotiations, representa- tions, commitments, writings, agreements, and all other communications between the buyer and seller. It may not be released, discharged, changed or modified, except by an instrument in writing signed by duly authorized representative of Toshiba America Electronic Compo- nents, Inc.
No person other than an officer of TAEC may extend or modify this warranty. no such modification or extensions are effective, unless it is in writing and signed by the Vice President, General Manager, Disk Products Division.
