The failure or delay of the Buyer to exercise its rights under this T&C or to complain of any act, omission or default on the part of the Seller, no matter how long terms same may continue, or to insist upon a strict performance of any of the terms or provisions herein, shall not be deemed or construed to be a waiver by the Buyer of its rights under this T&C or a waiver of any subsequent breach or default of the terms or provisions of this T&C.