Terms and Conditions
Ampco Pumps Company
Page 23
AMPCO PUMPS
Made of SELECTED corrosion-resistant alloys
TERMS AND CONDITIONS OF SALE
1. ENTIRE AGREEMENT.
This document contains all of the terms and conditions of the agreement (“the agreement”) between Ampco
Pumps Company, Inc. (“Seller”) and the purchaser (“Purchaser”) of the Products (“Products”) to be sold to Purchaser, to the exclusion of any
other statements and agreements, and to the exclusion of any terms and conditions incorporated in Purchaser’s order or other documents of
Purchaser. Seller’s acceptance of Purchaser’s order is expressly conditioned on Purchaser’s acceptance of the terms and conditions contained
herein, and Purchaser, upon placing an order, is presumed to have accepted all the terms and conditions without modification. No alteration,
waiver, modification of or addition to the terms and conditions herein shall be binding on Seller unless set forth in writing and specifically
agreed to by an officer of Seller No course of dealing, usage of trade or course of performance will be relevant to supplement or explain any
terms used in the agreement. All offers to purchase, quotations and contracts of sale are subject to final acceptance by Seller at its home office
at Milwaukee, Wisconsin.
2. PRICES
. Prices for Products manufactured by Seller pursuant to written accepted orders will remain firm for thirty (30) days from the date
of any subsequent price change.
3. TERMS OF PAYMENT
. Standard terms are ½% 10 days, 30 days net, from date of invoice unless otherwise stated. If, in the judgment of
Seller, the financial condition of Purchaser at any time does not justify continuance of production or shipment on the terms of payment
specified, Seller may require full or partial payment in advance. In cases of delays in payment, Seller reserves the right to charge interest on
delinquent balances at the rate of 1 ½% per month.
4. DELIVERY
. Except as otherwise provided expressly stated in the agreement, Products are sold F.O.B. Milwaukee. Seller will use
reasonable commercial efforts to fill orders within the time stated, but the stated delivery date is approximate only, and Seller reserves the right
to readjust shipment schedules without liability. Acceptance by Purchaser of the Products waives any claim for loss or damage resulting from a
delay, regardless of the cause of the delay. Except as otherwise provided herein, Seller will not be responsible for freight, transportation,
insurance, shipping, storage, handling, demurrage or similar charges. Claims by Purchaser for shortages in the Products must be made to Seller
in writing within ten (10) days after date of receipt of the Products. No such shortage shall entitle Purchaser to withhold payment for Products
which were received by Purchaser. Each such claim shall set forth in detail the basis and amount of such claim.
5. TAXES AND FEES.
Seller shall pay all present and future sales, excise, privilege, use or other taxes, customs duties, and all other fees or
other costs, imposed by any federal, state, foreign, or local authorities arising from the sale, purchase, transportation, delivery, storage, use or
consumption of the Products or will, if applicable, provide Seller with an appropriate exemption certificate. Seller shall be under no obligation
to contest the validity of any such taxes or to prosecute any claims for refunds or returns.
6. INSTALLATION
. The Products shall be installed by and at the expense of Purchaser.
7. LOSS, DAMAGE OR DELAY
. Seller will not be liable for loss, damage or delay resulting from causes beyond its reasonable control,
including, without limitation, strikes or labor difficulties, lockouts, acts or omissions of any governmental authority or Seller, insurrection or
riot, war, fires, floods, Acts of God, breakdown of essential machinery, accidents, embargoes, cargo or material shortages, delays in
transportation, lack of production capacity or inability to obtain labor, materials or parts from usual sources. In the event of any such delay,
performance will be postponed by such length of time as may be reasonably necessary to compensate for the delay. In the event performance
by Seller under the agreement cannot be accomplished by Seller due to any of the foregoing causes within a reasonable period of time, Seller
may, at its option, terminate the agreement without liability.
8. RETURNS
. No Products or parts may be returned by Purchaser without the prior written consent of Seller.
9. WARRANTY
. Seller warrants that the Products manufactured by Seller will be free from defects, material and workmanship under normal
use and service for a period of one (1) year from date of shipment. In addition, the specified rating of each pump is warranted
; however, the
characteristic shape of the performance curves may vary from the published standards, and the capacity, head and efficiency guarantees are
based on actual shop tests using clear cold water, and therefore the rating is specified in equivalent units of clear cold water. The sole
obligation of Seller and the exclusive remedy of Purchaser for breach of this warranty shall be the repair (at Seller’s facility) or replacement by
Seller (F.O.B. Milwaukee, Wisconsin), at Seller’s option, of any parts found to be defective, without charge and shall be conditioned upon
Seller receiving written notice of any alleged breach of this warranty within a reasonable time after discovery of the defects, but in no event
later than the end of the warranty period. The parts alleged to be defective shall be returned to Seller upon its request, freight prepaid. This
warranty does not cover ordinary wear and tear, abuse, misuse, overloading, alteration or Products or parts which have not been installed,
operated or maintained in accordance with Seller’s written instructions. Seller shall not be liable for any expenses for repairs, additions or
modifications to the Products outside of Seller’s factory without its prior written consent, and any such repairs without such consent shall void
this warranty. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Seller may from time to time provide its facilities, personnel and experience to assist customers in the selection of
materials, design, installation and operation of Products for maximum resistance to corrosion and abrasion with due consideration to the
economy of the installation. This service is provided in an advisory capacity only and the final selection and operation of the Products and
ancillary equipment shall be the sole responsibility of Purchaser or any user thereof. Accessories and parts manufactured by third parties are
warranted only to the extent of such third party’s warranty. IN NO EVENT SHALL SELLER BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS OR LABOR COSTS) ARISING FROM THE BREACH OF THIS WARRANTY OR OTHERWISE ARISING FROM
OR RELATING TO THE PRODUCTS OR THEIR SALE, USE OR INSTALLATION.
Ampco Pumps Company AC+ Dry Blender Manual M-028 Rev C 12.20
