Williston, Section 575.

Wilton v. Berger, 196 App. Div. 121, 187 N. Y. Supp. 487;

Lyonette v. K. Wilbur Dolson, 187 App. Div. 473, 175 N. Y.

Supp. 789; Melnick v. Borden, 185 N. Y, Supp. 305. McLain, Etc., Co. v. Trent Rubber Co. 275 Fed. 831.

The Purchaser agrees that delivery of merchandise under this contract is subject to the credit limit placed upon the Purchaser's account by the Seller's credit department.

Clause Entitling Seller to Replace Defective Merchandise Blue Ridge Knitting Co. v. Paulson, 266 Fed. 63.

"Any claim that the quality of goods is not in accordance with the terms of this contract or any reasonable delay in delivery due to conditions beyond our control, shall not constitute a cause for cancellation of this contract or any part thereof.

"We guarantee the yarn to be equal to the average running quality of the grade sold.

"Complaints as to the quality must be made to us in writing within 15 days from time of the delivery of any yarn, we retaining the privilege of replacing within a reasonable time any yarn agreed upon as not complying with this contract."

Clause Limiting Liability of Carrier for Negligence

Williston, Sections 1107-1111.

Boyle v. Bush Terminal, 210 N. Y. 389, 104 N. E. 933

(see also Anderson v. Erie R. R. Co., 171 App. Div.

687, 157 N. Y. Supp. 740, affirmed 223 N. Y. 277, 119

N. E. 557).

"The consignor of this property has the option of shipping same at higher rate without limitation as to value in case of loss or damage from causes which would make the carrier liable, but agrees to the specified valuation named in case of loss or damages from causes which would make the carrier liable, because of the lower rate thereby accorded for transportation."

Clause Requiring Payment of Minimum License Fee

Williston,

Patent license.

American Delinting Company v. Pomeraning, 274 Fed. 212.

"This license is granted upon condition that the Licensee, his heirs, executors, administrators, or assigns, shall well and truly cause to be paid to the Licensor, its successors or assigns, during each year for the full term of said respective patent, ........per cent. of the net profits derived from the manufacture and sale of the several devices and inventions enumerated and described in said United States letters patent No. ........and........, less the proportionate share of governmental share of governmental and profit taxes, and which share of said net profits in no event shall be less than........

per annum after the year........, such payment to be made in the manner following. On........of each year a sworn statement shall be exhibited to the Licensor, its successors or assigns, giving the number of machines sold, and giving in detail a profit and loss statement of the business ending the preceding

........and payment of the sum or sums so determined to be due shall be made within........days thereafter and in event of the default in such payment, for the period of........days, this license may be forthwith revoked."

Promissory Note for Purchase Price of Merchandise with Provision that Title Shall Remain in Seller Until Note is Paid - Acceleration Clause

Williston - Sections 690, 787, 1137, 1171, 1182, 1830, 1831,

1902 and 2025. Chicago Railway Equipment Co. v. Merchants National

Bank of Chicago, 136 U. S. 268; 10 Sup. Ct. Rep. 999; National Shoe & Leather Bank v. N. Y. life Insurance &

Trust Co., 33 App. Div, 629, 53 N. Y. Supp. 360.

(Date)..........

$........

For value received........after date.....................

..................promises to pay to the order of........

...............................Dollars $........) at.....

........with interest thereon at the rate of...........(.. %) per annum.

This note is one of a series of notes of even date........

herewith of the sum of..........Dollars ($........) each and shall become due and payable to the holder on the failure of the maker to pay the principal and interest on any one of the notes of said series.

Said notes are given for the purchase price of.........sold by the payee to the maker, and it is agreed by the maker that title to said.........shall remain in the payee until all the notes of said series, both principal and interest, are fully paid.