Upon Buyer's receipt of shipment, Buyer shall immediately inspect the goods. Unless Buyer provides Seller with written notice of any claim of shortages or defects in the goods within three days (3) after receipt of the shipment, such goods shall be deemed finally inspected checked and accepted by Buyer. In absence on shipping and packing instruction, Seller shall use its own discretion in choice of carrier and method of packing.
TERMINATION, CANCELLATION AND CHANGES. Orders cannot be terminated, canceled or modified after acceptance of Buyer's order by Seller without Seller's written consent. Any modification of the order once accepted by the Seller shall be subject to additional shipping fees and restocking fees.
APPLICABLE LAW. This Agreement shall be governed by and construed exclusively by the laws of the State of Georgia. Buyer irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever, whether in law or equity, or whether in contract or tort or otherwise, against Seller in any way relating to this Agreement or the transactions contemplated hereby in any forum other than the courts of the State of Georgia sitting in Atlanta , Georgia and of the United States District Court for the Northern District of Georgia, and any appellate court from any thereof, and the parties hereto irrevocably and unconditionally submit to the jurisdiction of such courts and agree that any such action, litigation or proceeding may solely and exclusively be brought in any such Georgia State court or, to the fullest extent permitted by applicable law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
PARTIAL SHIPMENTS. Seller will attempt to deliver all Goods in a single shipment. However, Seller at times may make partial shipments of Buyer's Goods. Delay in delivery of any Goods shall not relieve Buyer of its obligation to accept the remaining shipments.