FMI PTW72, Manual

Page: 5 / 335

(b) Subject to change without notice at any time prior to acceptance of purchaser’s order by seller’s home office, as evidenced by seller’s formal
acknowledgment.
(c) Firm upon seller’s acceptance of purchaser’s order as evidenced by seller’s formal acknowledgment unless escalation terms are included in terms of sale.
(d) Prices do not include sales, use, excise, or similar taxes. Consequently, in addition to the prices specified, the amount of any present or future sales, use,
excise or other similar tax applicable to the sale or use of the equipment shall be the responsibility of and paid by the purchaser; or in lieu thereof, the
purchaser shall provide the seller with a tax-exemption certificate acceptable to the taxing authorities.
2. Shipping Schedule:
(a) Computed from the date of acknowledgment of the order or, in the case of special items, from the date seller receives complete information necessary to
proceed with design and manufacture.
(b) The shipping date specified is:
1. Subject to prior sale before seller’s receipt of order.
2. Subject to any mandatory changes that may be caused by procedures or priorities which may be set up by the U.S. Government or any of its
agencies.
3. Seller shall have no liability for loss or damage resulting from a delay in scheduled delivery caused by war, riots, strikes, labor disputes, fires,
serious accidents, delays in receipt of parts or materials for suppliers or subcontractors, design or engineering problems relating to purchaser’s
order, natural disasters, delay in shipping items needed by seller to test or complete purchaser’s order, or any other circumstances beyond seller’s
control. Franklin Manufacturing Inc. will honor your position in our production, and do our very best to deliver at the earliest date after thorough
inspection.
4. Under no circumstances shall seller have any liability whatsoever for loss of use or for any direct, indirect or consequential damages due to delay in
scheduled delivery.
3. Electrical Equipment:
(a) Supplied by seller and will be the make mutually agreed.
(b) When not supplied by seller, is to be purchased in accordance with seller’s detailed specifications, and will be subject to an installation charge for
mounting and wiring at seller’s factory.
(c) Wiring and protecting conduit from purchaser’s power supply to the machine control is not included in seller’s quotation.
4. Warranty:
(a) Any product or part thereof covered by seller’s quotation which, under normal operating conditions in the plant of the original purchaser thereof, proves
defective in material or workmanship within one (1) year from the date of shipment from seller’s plant, (as determined by an inspection by seller) will
be replaced free of charge, F.O.B. factory, provided that purchaser promptly sends to seller notice of the defect and establishes that the product has been
properly installed, maintained and operated within the limits of rated and normal usage. Electrical equipment not manufactured by Franklin
Manufacturing Inc. is not included in this warranty, those motors, controls, plus hydraulic items being covered by the warranty of the respective
manufacturer.
(b) Said warranty in respect of replacement of defective parts and any such additional warranty or representation expressly made a part of seller’s quotation
are in lieu of all other warranties expressed or implied including any implied warranty of merchantability.
(c) Under no circumstances shall seller, (any subsidiary or any division thereof), have any liability whatsoever for loss of use or for any direct, indirect or
consequential damages.
(d) The warranty is limited to the first purchaser and is not transferable.
5. Production Estimates and Performance:
(a) All working drawings or other materials provided by seller are for general information purposes only, and may not relate to purchaser’s order or other
machines or equipment. Any specifications contained therein are not binding on seller except as expressly so stated in this form or other written form.
Seller reserves the right to make, at any time, such changes in detail of design or construction as shall in the sole judgment of seller constitute an
improvement in operation and/or safety over former practice.
(b) Production data, where given is based on seller’s careful analysis and understanding of the specific requirement, material specifications, required
accuracy and handling facilities is nonetheless an estimate only and is not guaranteed or warranted. Franklin Manufacturing Inc. reserves the sole right
to determine machine capacity, and in no event shall sellers be responsible for capacity figures supplied by seller’s suppliers or other cooperating
parties.
6. Cancellation:
(a) Following acceptance by seller, this order may not be canceled without written consent of the seller.
(b) Seller shall have the absolute right to cancel and refuse to complete this order (1) if any time all terms and conditions governing this order (including any
requirement of progress payments) are not strictly complied with by the purchasers, and/or (2) if at any time the purchaser becomes bankrupt or
insolvent.
(c) In the event of cancellation by seller as above set forth or of a request by the purchaser to stop work or to cancel the whole or any part of an order, the
purchasers shall make payments to the seller as follows:
1. Any and all work that can be completed within 30 days from date of notification to stop work on account of cancellation shall be completed, shipped
and paid for in full.
2. For work in progress and any materials and supplies procured or for which definite commitments have been made by seller in connection with the
order, the purchaser shall pay to the seller the actual costs and overhead expenses determined in accordance with generally accepted accounting
practice plus 15%.
7. Payment Terms:
Net 30 days from date of invoice, shipment date. (Interest added after 30 days at 1¾ % per month.)
8. Acceptance of Orders:
All orders must clearly state name and address of purchaser, shipping instructions, and all conditions, mechanical and otherwise with which the manufacturer is
expected to comply. The seller shall furnish written “order acknowledgment” which shall constitute the seller’s acceptance of the order upon the terms and
conditions specified in the “order acknowledgment”.
9. Title:
Delivery of items of any order to the carrier by seller consigned to purchaser, or as purchaser shall direct, shall constitute transfer of title, ownership, possession
and property in and to such items at such point of delivery; such carrier shall thereafter be deemed to be acting for the purchaser and the said items thereafter
shall be at the purchaser’s risk; provided, however, that seller reserves all right to stoppage in transit and to repossess said items, notwithstanding delivery to
the carrier, until full payment of purchase price is made to the seller.
10. General:
The foregoing comprises seller’s and purchaser’s entire agreement. On any order placed pursuant hereto, the above provisions entirely supersede any prior oral
or written correspondence, quotation or agreement. There are no agreements between seller and purchaser in respect of the product quoted herein except as
set forth in writing and expressly made part of this quotation. There shall be no modification to the foregoing except as entered into by writing, signed by
seller and purchaser. The designs and specifications of all products sold by seller are subject to change without notice and, in the event of any such changes,
seller will have no obligation whatsoever to make similar changes in a product previously ordered by purchaser.
Wherever used herein, SELLER shall mean Franklin Manufacturing Inc.; PURCHASER shall mean the customer placing the purchase order
with seller.