Carotron Elite Pro EPN020-000, 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 con-
sented 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 sub-
ject 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
priorities, 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 representatives 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 oth-
erwise, (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 ex-
penses caused by commitments to the suppliers of the Company’s
subcontractors, 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 Pur-
chaser. The Company’s responsibility therefor shall cease when the
carrier
signs for and accepts the shipment.
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