TERMS, PAYMENT & INVOICING
Standard payment terms are NET 30 days from the date of invoice for approved
accounts. Customers who do not have an approved account must prepay prior to order
being shipped. Retaining a percentage of the contract sale amount is prohibited without
prior, written agreement. Payment must be made in U.S. Funds. An invoice will be rendered
as of the date product is ready for shipment. A service fee of 1-1/2% per month on all
invoices over 30 days past due will be imposed. In the event of any default by the
Purchaser, Carry Pumps, Inc. shall have the right to repossess the product as well as all
other rights afforded to a conditional seller under the provisions of the Uniform Conditional
Sales Act and any other applicable laws.
STANDARD WARRANTY AND CONDITIONS OF SALE
LIMITED WARRANTY: CARRY PUMPS, INC. warrants the product sold by it to be free
from defects in materials and workmanship for a period of one (1) year from the date of
purchase.
WARRANTY DISCLAIMER:
This warranty does not apply to pumps sold without
compatible Carry electrical controls, horizontal pumps, and/or if the product is used in
saltwater, aquaculture (fish farming), water feature applications, or to pumps that have
been subject to misuse (including use in a manner inconsistent with the design of the
pump), abuse, neglect, accident or improper installation or maintenance, or to pumps that
have been altered or repaired by anyone other than CARRY PUMPS, INC.
The warranties in
this agreement are in lieu of all other warranties, express or implied, including without
limitation, any warranties of merchantability or fitness for a particular purpose, said
warranties being expressly disclaimed.
WARRANTY AMENDMENTS: Prior or subsequent courses of dealing, trade usage and
verbal agreements not reduced to a writing signed by CARRY PUMPS, INC., to the extent
they differ from, modify, add to or detract from this warranty shall not be binding upon
CARRY PUMPS, INC.. There are no agreements, promises or understandings, either verbal
or written, that are not fully expressed in this warranty. No statements, recommendations
or assistance by either party have been relied upon by either party nor shall they be relied
upon and shall not constitute a waiver by either party of any of the provisions hereof. This
warranty may be amended or altered only if agreed to in writing signed by CARRY PUMPS,
INC.
LIMITED REMEDY: CARRY PUMPS, INC. and Purchaser agree the repair or replacement
of the pump at issue is a commercially reasonable allocation of risk and, therefore,
Purchaser agrees that its sole and exclusive remedy against CARRY PUMPS, INC. shall be
limited to the repair or replacement of the pump at issue. This exclusive remedy shall not
be deemed to have failed of its essential purpose so long as CARRY PUMPS, INC. is willing
and able to repair or replace the pump at issue. In the event CARRY PUMPS, INC. is unable
to repair or replace the pump at issue in a manner acceptable to purchaser, or in the event
it shall be determined by a court having jurisdiction thereof that any provisions of this
warranty are unconscionable or fail in its essential purpose, then the maximum liability of
CARRY PUMPS, INC. shall be that as set forth in the paragraph next following entitled
“Limitation on Liability”.
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