Carotron C10032-000, Instruction Manual

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Standard Terms & Conditions of Sale
1. General
The Standard Terms and Conditions of Sale of Carotron, Inc. (here-
inafter called “Company”) are set forth as follows in order to give the
Company and the Purchaser a clear understanding thereof. No
additional or different terms and conditions of sale by the Company
shall be binding upon the Company unless they are expressly consented
to by the Company in writing. The acceptance by the Company of any
order of the Purchaser is expressly conditioned upon the Purchaser’s
agreement to said Standard Terms and Conditions. The acceptance or
acknowledgement, written, oral, by conduct or otherwise, by the
Company of the Purchaser’s order shall not constitute written consent
by the Company to addition to or change in said Standard Terms and
Conditions.
2. Prices
Prices, discounts, allowances, services and commissions are subject to
change without notice. Prices shown on any Company published price
list and other published literature issued by the Company are not offers
to sell and are subject to express confirmation by written quotation and
acknowledgement. All orders of the Purchaser are subject to
acceptance, which shall not be effective unless made in writing by an
authorized Company representative at its office in Heath Springs, S.C.
The Company may refuse to accept any order for any reason
whatsoever without incurring any liability to the Purchaser. The
Company reserves the right to correct clerical and stenographic errors at
any time.
3. Shipping dates
Quotation of a shipping date by the Company is based on conditions at
the date upon which the quotation is made. Any such shipping date is
subject to change occasioned by agreements entered into previous to the
Company’s acceptance of the Purchaser’s order, governmental pri-
orities, strikes, riots, fires, the elements, explosion, war, embargoes,
epidemics, quarantines, acts of God, labor troubles, delays of vendors
or of transportation, inability to obtain raw materials, containers or
transportation or manufacturing facilities or any other cause beyond the
reasonable control of the Company. In no event shall the Company be
liable for consequential damages for failure to meet any shipping date
resulting from any of the above causes or any other cause.
In the event of any delay in the Purchaser’s accepting shipment of
products or parts in accordance with scheduled shipping dates, which
delay has been requested by the Purchaser, or any such delay which has
been caused by lack of shipping instructions, the Company shall store
all products and parts involved at the Purchaser’s risk and expense and
shall invoice the Purchaser for the full contract price of such products
and parts on the date scheduled for shipment or on the date on which
the same is ready for delivery, whichever occurs later.
4. Warranty
The Company warrants to the Purchaser that products manufactured or
parts repaired by the Company, will be free, under normal use and
maintenance, from defects in material and workmanship for a period of
one (1) year after the shipment date from the Company’s factory to the
Purchaser. The Company makes no warranty concerning products
manufactured by other parties.
As the Purchaser’s sole and exclusive remedy under said warranty in
regard to such products and parts, including but not limited to remedy
for consequential damages, the Company will at its option, repair or
replace without charge any product manufactured or part repaired by it,
which is found to the Company’s satisfaction to be so defective;
provided, however, that (a) the product or part involved is returned to
the Company at the location designated by the Company, transportation
charges prepaid by the Purchaser; or (b) at the Company’s option the
product or part will be repaired or replaced in the Purchaser’s plant; and
also provided that Cc) the Company is notified of the defect within one
(1) year after the shipment date from the Company’s factory of the
product or part so involved.
The Company warrants to the Purchaser that any system engineered by
it and started up under the supervision of an authorized Company
representative will, if properly installed, operated and maintained,
perform in compliance with such system’s written specifications for a
period of one (1) year from the date of shipment of such system.
As the Purchaser’s sole and exclusive remedy under said warrant in
regard to such systems, including but not limited to remedy for
consequential damages, the Company will, at its option, cause, without
charges any such system to so perform, which system is found to the
Company’s satisfaction to have failed to so perform, or refund to the
Purchaser the purchase price paid by the Purchaser to the Company in
regard thereto; provided, however, that (a) Company and its represen-
tatives are permitted to inspect and work upon the system involved
during reasonable hours, and (b) the Company is notified of the failure
within one (1) year after date of shipment of the system so involved.
The warranties hereunder of the Company specifically exclude and do
not apply to the following:
a. Products and parts damaged or abused in shipment without fault of
the Company.
b. Defects and failures due to operation, either intentional or otherwise,
(l) above or beyond rated capacities, (2) in connection with equipment
not recommended by the Company, or (3) in an otherwise improper
manner.
c. Defects and failures due to misapplication, abuse, improper in-
stallation or abnormal conditions of temperature, humidity, abrasives,
dirt or corrosive matter.
d. Products, parts and systems which have been in any way tampered
with or altered by any party other than an authorized Company
representative.
e. Products, parts and systems designed by the Purchaser.
f. Any party other than the Purchaser.
The Company makes no other warranties or representation, expressed
or implied, of merchantability and of fitness for a particular purpose, in
regard to products manufactured, parts repaired and systems engineered
by it.
5. Terms of payment
Standard terms of payment are net thirty (30) days from date of the
Company invoice. For invoice purposed, delivery shall be deemed to be
complete at the time the products, parts and systems are shipped from
the Company and shall not be conditioned upon the start up thereof.
Amounts past due are subject to a service charge of 1.5% per month or
fraction thereof.
6. Order cancellation
Any cancellation by the Purchaser of any order or contract between the
Company and the Purchaser must be made in writing and receive
written approval of an authorized Company representative at its office
in Heath Springs, S.C. In the event of any cancellation of an order by
either party, the Purchaser shall pay to the Company the reasonable
costs, expenses, damages and loss of profit of the Company incurred
there by, including but not limited to engineering expenses and expenses
caused by commitments to the suppliers of the Company’s sub-
contractors, as determined by the Company.
7. Changes
The Purchaser may, from time to time, but only with the written consent
of an authorized Company representative, make a change in
specifications to products, parts or systems covered by a purchase order
accepted by the company. In the event of any such changes, the
Company shall be entitled to revise its price and delivery schedule
under such order.
8. Returned material
If the Purchaser desires to return any product or part, written au-
thorization thereof must first be obtained from the Company which will
advise the Purchaser of the credit to be allowed and restocking charges
to be paid in regard to such return. No product or part shall be returned
to the Company without a ”RETURNTAG” attached thereon which has
been issued by the Company.
9. Packing
Published prices and quotations include the Company’s standard
packing for domestic shipment. Additional expenses for special packing
or overseas shipments shall be paid by the Purchaser. If the Purchaser
does not specify packing or accepts parts unpacked, no allowance will
be made to the Purchaser in lieu of packing.
10. Standard transportation policy
Unless expressly provided in writing to the contrary, products, parts and
systems are sold f.o.b. first point of shipment. Partial shipments shall be
permitted, and the Company may invoice each shipment separately.
Claims for non-delivery of products, parts and systems, and for
damages thereto must be filed with the carrier by the Purchaser. The
Company’s responsibility therefor shall cease when the carrier signs for
and accepts the shipment.
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