Atlas Copco CR Series, Instruction Book, Page: 51 / 53

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Instruction book
ATLAS COPCO
STANDARD TERMS AND CONDITIONS
LEGAL EFFECT: Except as expressly otherwise agreed to in writing by
an authorized representative of Seller, the following terms and conditions
shall apply to and form a part of this order and any additional and/or
different terms of Buyer’s purchase order or other form of acceptance are
rejected in advance and shall not become a part of this order.
The rights of Buyer hereunder shall be neither assignable nor
transferable except with the written consent of Seller.
This order may not be canceled or altered except with the written
consent of Seller and upon terms which will indemnify Seller against all
loss occasioned thereby. All additional costs incurred by Seller due to
changes in design or specifications, modification of this order or revision of
product must be paid for by Buyer.
In addition to the rights and remedies conferred upon Seller by this
order, Seller shall have all rights and remedies conferred at law and in
equity and shall not be required to proceed with the performance of this
order if Buyer is in default in the performance of such order or of any other
contract or order with seller.
TERMS OF PAYMENT: Unless otherwise specified in the order
acknowledgment, the terms of payment shall be 1% 15, net forty-five (45)
days after shipment. These terms shall apply to partial as well as complete
shipments. If any proceeding be initiated by or against Buyer under any
bankruptcy or insolvency law, or in the judgment of Seller the financial
condition of Buyer, at the time the equipment is ready for shipment, does
not justify the terms of payment specified, Seller reserves the right to
require full payment in cash prior to making shipment. If such payment is
not received within fifteen (15) days after notification of readiness for
shipment, Seller may cancel the order as to any unshipped item and require
payment of its reasonable cancellation charges.
If Buyer delays shipment, payments based on date of shipment shall
become due as of the date when ready for shipment. If Buyer delays
completion of manufacture, Seller may elect to require payment according
to percentage of completion. Equipment held for Buyer shall be at Buyer’s
risk and storage charges may be applied at the discretion of Seller.
Accounts past due shall bear interest at the highest rate lawful to contract
for but if there is no limit set by law, such interest shall be eighteen percent
(18%). Buyer shall pay all cost and expenses, including reasonable
attorney’s fees, incurred in collecting the same, and no claim, except claims
within Seller’s warranty of material or workmanship, as stated below, will
be recognized unless delivered in writing to Seller within thirty (30) days
after date of shipment.
TAXES: All prices exclude present and future sales, use, occupation,
license, excise, and other taxes in respect of manufacture, sales or delivery,
all of which shall be paid by Buyer unless included in the purchase price at
the proper rate or a proper exemption certificate is furnished.
ACCEPTANCE: All offers to purchase, quotations and contracts of sales
are subject to final acceptance by an authorized representative at Seller’s
plant.
DELIVERY: Except as otherwise specified in this quotation, delivery
will be F. O. B. point of shipment. In the absence of exact shipping
instruction, Seller will use its discretion regarding best means of insured
shipment. No liability will be accepted by Seller for so doing. All
transportation charges are at Buyer’s expense. Time of delivery is an
estimate only and is based upon the receipt of all information and necessary
approvals. The shipping schedule shall not be construed to limit seller in
making commitments for materials or in fabricating articles under this
order in accordance with Seller’s normal and reasonable production
schedules.
Seller shall in no event be liable for delays caused by fires, acts of God,
strikes, labor difficulties, acts of governmental or military authorities,
delays in transportation or procuring materials, or causes of any kind
beyond Seller’s control. No provision for liquidated damages for any cause
shall apply under this order. Buyer shall accept delivery within thirty (30)
days after receipt of notification of readiness for shipment. Claims for
shortages will be deemed to have been waived if not made in writing with
ten (10) days after the receipt of the material in respect of which any such
shortage is claimed. Seller is not responsible for loss or damage in transit
after having received “In Good Order” receipt from the carrier. All claims
for loss or damage in transit should be made to the carrier.
TITLE & LIEN RIGHTS: The equipment shall remain personal
property, regardless of how affixed to any realty or structure. Until the
price (including any notes given therefore) of the equipment has been fully
paid in cash, Seller shall, in the event of Buyer’s default, have the right to
repossess such equipment.
PATENT INFRINGEMENT: If properly notified and given an
opportunity to do so with friendly assistance, Seller will defend Buyer and
the ultimate user of the equipment from any actual or alleged infringement
of any published United States patent by the equipment or any part thereof
furnished pursuant hereto (other than parts of special design, construction,
or manufacture specified by and originating with Buyer), and will pay all
damages and costs awarded by competent court in any suit thus defended
or of which it may have had notice and opportunity to defend as aforesaid.
STANDARD WARRANTY: Seller warrants that products of its own
manufacture will be free from defects in workmanship and materials under
normal use and service for the period specified in the product instruction
manual. Warranty for service parts will be Ninety (90) days from date of
factory shipment. Electric Motors, gasoline and diesel engines, electrical
apparatus and all other accessories, components and parts not manufactured
by Seller are warranted only to the extent of the original manufacturer’s
warranty.
Notice of the alleged defect must be given to the Seller, in writing with
all identifying details including serial number, type of equipment and date
of purchase within thirty (30) days of the discovery of the same during the
warranty period.
Seller’s sole obligation on this warranty shall be, at its option, to repair
or replace or refund the purchase price of any product or part thereof which
proves to be defective. If requested by Seller, such product or part thereof
must be promptly returned to seller, freight prepaid, for inspection.
Seller warrants repaired or replaced parts of its own manufacture against
defects in materials and workmanship under normal use and service for
ninety (90) days or for the remainder of the warranty on the product being
repaired.
This warranty shall not apply and Seller shall not be responsible or liable
for:
(a) Consequential, collateral or special losses or damages;
(b) Equipment conditions caused by fair wear and tear, abnormal condi-
tions of use, accident, neglect or misuse of equipment, improper storage or
damage resulting during shipping;
(c) Deviation from operating instructions, specifications or other special
terms of sale;
(d) Labor charges, loss or damage resulting from improper operation,
maintenance or repairs made by person(s) other than Seller or Seller’s
authorized service station.
In no event shall Seller be liable for any claims whether arising from
breach of contract or warranty or claims of negligence or negligent
manufacture in excess of the purchase price.
THIS WARRANTY IS THE SOLE WARRANTY OF SELLER AND
ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED IN
LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR USE ARE
HEREBY SPECIFICALLY EXCLUDED.
LIABILITY LIMITATIONS: Under no circumstances shall the Seller
have any liability for liquidated damages or for collateral, consequential or
special damages or for loss of profits, or for actual losses or for loss of
production or progress of construction, whether resulting from delays in
delivery or performance, breach of warranty, negligent manufacture or
otherwise.
ENVIRONMENTAL AND OSHA REQUIREMENTS: At the time of
shipment of the equipment from the factory, Atlas Copco will comply with
the various Federal, State and local laws and regulations concerning
occupational health and safety and pollution. However, in the installation
and operation of the equipment and other matters over which the seller has
no control, the Seller assumes no responsibility for compliance with those
laws and regulations, whether by the way of indemnity, warranty or
otherwise.
June 30, 2003