Printed in USA
©2013
JWA
Page 16
E-TMS10-PL-0113
100 Thomas Johnson Drive, Frederick, MD 21702-4600 USA
Phone (301) 663-1600 • 1-800-638-3326
Fax (301) 663-1607 • 1-800-447-3326
Website: www.edcoinc.com • Email: [email protected]
Equipment Development Company, Inc. herein referred to as EDCO (Seller) warrants that
each new unit manufactured by EDCO to be free from defects in material and workmanship
in normal use and service for a period of (1) one year (except for the cutter drum assembly
on all model concrete/asphalt planes, in which case the warranty period shall be 90 days)
from date of shipment to the original retail or equipment rental center owner.
Accessories or equipment furnished and installed on the product by EDCO but manufactured by
others, including, but not limited to engines, motors,electrical components, transmissions etc.,
shall carry the accessory manufacturers own warranty.
EDCO will, at its option, repair or replace, at the EDCO factory or at a point designated by
EDCO, any part which shall appear to the satisfaction of EDCO inspection to have been
defective in material or workmanship.
EDCO reserves the right to modify, alter and improve any part or parts
without incurring any obligation to replace any part or parts previously sold without such
modified, altered or improved part or parts.
This warranty is in lieu of and excludes all other warranties, expressed, implied, statutory,
or otherwise created under applicable law including, but not limited to the warranty of
merchantability and the warranty of fitness for a particular purpose in no event shall seller
or the manufacturer of the product be liable for special, incidental, or consequential dam-
ages, including loss of profits, whether or not caused by or resulting from the negligence
of seller and/or the manufacturer of the product unless specifically provided herein. In ad-
dition, this warranty shall not apply to any products or portions there of which have been
subjected to abuse, misuse, improper installation, maintenance, or operation, electrical
failure or abnormal conditions and to products which have been tampered with, altered,
modified, repaired, reworked by anyone not approved by seller or used in any manner
inconsistent with the provisions of the above or any instructions or specifications provided
with or for the product
FORCE MAJEURE
Seller’s obligation hereunder are subject to, and Seller shall not be held responsible for, any
delay or failure to make delivery of all or any part of the Product due to labor difficulties,
fires, casualties, accidents, acts of the elements, acts of God, transportation difficulties,
delays by a common carrier, inability to obtain Product, materials or components or qualified
labor sufficient to timely perform part of or all of the obligations contained in these terms
and conditions, governmental regulations or actions, strikes, damage to or destruction in
whole or part of manufacturing plant, riots, terrorist attacks or incidents, civil commotions,
warlike conditions, flood , tidal waves, typhoon, hurricane, earthquake, lightning, explosion
or any other causes, contingencies or circumstances within or without the United States not
subject to the Seller’s control which prevent or hinder the manufacture or delivery of the
Products or make the fulfillment of these terms and conditions impracticable. In the event
of the occurrence of any of the foregoing, at the option of Seller, Seller shall be excused
from the performance under these Terms and Conditions, or the performance of the Seller
shall be correspondingly extended.
This document sets forth the terms and conditions pursuant to which the purchaser (“Pur-
chaser”) will purchase and Equipment Development Co.Inc. (“Seller”)will sell the products,
accessories, attachments (collectively the Products “) ordered by the Purchaser. These
terms and conditions shall govern and apply to the sale of Seller’s Products to Purchaser,
regardless of any terms and conditions appearing on any purchase order or other forms
submitted by Purchaser to Seller, or the inconsistency of any terms therein and herein.
1. PRICE
All prices set forth on any purchase order or other document are F.O.B. Sellers facility or dis-
tribution point, as may be determined by Seller (F.O.B.Point). All prices are exclusive of any
and all taxes, including, but not limited to, excise, sales, use, property or transportation taxes
related to the sale or use of the Products, now or hereafter imposed, together with all penalties
and expenses. Purchaser shall be responsible for collecting and/or paying any and all such
taxes, whether or not they are stated in any invoice for the Products. Unless otherwise speci-
fied herein, all prices are exclusive of inland transportation, freight, insurance and other costs
and expenses relating to the shipment of the Products from the F.O.B. point to Purchaser’s
facility. Any prepayment by Seller of freight insurance and other costs shall be for the account
of Purchaser
and shall be repaid to Seller.
2. PAYMENT TERMS
Payment terms are as follows. 2% 10 days (to approved and qualified accounts). Net 30
days. This is a cash discount for invoices paid within 10 days after the invoice date, regard-
less of date of receipt of shipment. This is not a trade discount and will not be granted to
accounts that do not adhere to stated terms.
*All past due accounts are subject to a late payment fee of 1.5% per month or a maximum
allowed by law if different, along with the expenses incidental to collection including reason-
able attorney’s fees and costs.
*Seller reserves the right to hold shipments against past due accounts.
*Seller reserves the right to alter payment terms.
3. FREIGHT TERMS
All shipments will be made F.O.B. shipping point as designated in these Terms and Condi-
tions, and title shall pass at the F.O.B. point. Delivery to the initial common carrier shall
constitute delivery to the Purchaser. Any claims for loss or damage during shipment
are to be filed with carrier by the Purchaser. Seller will not assume responsibility for the
performance of the carrier.
Back orders will be shipped in the most practical fashion with charges consistent with
our freight policy established with the original order. UPS, FED EX, MAIL or shipments
by other couriers are subject to the same terms and conditions as outlined in paragraph
#3”Freight Terms”.
4. DELIVERY, DAMAGES, SHORTAGES
Seller shall use reasonable efforts to attempt to cause the Products to be delivered as provided
for in these Terms & Conditions. Delivery to the initial common carrier shall constitute the delivery
to the Purchaser. Sellers responsibility, in so far as transportation risks are concerned ceases
upon the delivery of the Products in good condition to such carrier at the F.O.B. point and all the
Products shall be shipped at the Purchaser’s risk. Seller shall not be responsible or liable for
any loss of income and/or profits, or incidental, special, consequential damages resulting from
Seller’s delayed performance in shipment and delivery.
5. RETURN OF DEFECTIVE PRODUCTS
Defective or failed material shall be held at the Purchaser’s premises until authorization has
been granted by Seller to return or dispose of Products. Products that are to be returned
for final inspection must be returned Freight Prepaid in the most economical way. Credit
will be issued for material found to be defective upon Seller’s inspection based on prices
at time of purchase.
6. PRODUCTS ORDERED IN ERROR
Products may be returned, provided that claim is made and Seller is notified within 7 days
of receipt of Products, and the Products are in original buyer’s possession not more than
30 days prior to return, subject to Seller’s approval. If Products are accepted for return,
they must be Freight Prepaid and buyer will be charged a minimum of 15% restocking
charge, plus a charge back for outbound freight charges if the original order was shipped
prepaid. Returns are not accepted for any Products that are specifically manufactured to
meet the buyer’s requirement of either specifications or quantity.
AGREEMENTS
These Terms and Conditions constitute the entire agreement between Seller and Purchaser as
it relates to terms and conditions of sale, and supersedes any and all prior oral or written agree-
ments, correspondence, quotations or understandings heretofore in force between the parties
relating to the subject matter hereof. There are no agreements between Seller and Purchaser
with respect to the Product herein except those specifically set forth in and made part of these
terms and conditions. Any additional terms, conditions and/or prices are rejected by Seller.
These terms and conditions may be modified, cancelled or rescinded only by a written
agreement of both parties executed by their duly authorized agents.
USE ONLY GENUINE EDCO PARTS & ACCESSORIES
For your own safety, the safety of others and the life of your machine.
Equipment Development Company, Inc.
LIMITED EQUIPMENT WARRANTY OF SALE - TERMS & CONDITIONS
