Hoffmann BH 556 Lipping Planer
- 9 -
Hoffmann Machine Company, Inc. 1386 Drexel Road Valdese, NC 28690
Phone: (828) 430 - 4510 Fax: (828) 430 - 4620 e-mail: [email protected]
www.Hoffmann-USA.com
9. Terms and Conditions of Sale
1. Application and Scope:
The terms and conditions contained herein apply to proposals made, and to purchase orders
received, by HOFFMANN MACHINE COMPANY, INC. (hereinafter called “Seller”), and sets forth the
entire agreement between the parties hereto, and supersedes all communication, representations or
agreements, whether oral or written, between the parties hereto with respect to the subject matter
herein, and no agreement or understanding varying or extending the terms or conditions hereof will
be binding unless expressly agreed to in writing by Seller. No conditions stated by Buyer in its
purchase order or orders shall be binding upon Seller if in conflict with, inconsistent with, or in
addition to, the terms and conditions contained herein, unless expressly accepted in writing by
Seller. Seller’s failure to object to any provision contained in any communication or purchase order
from Buyer shall not be deemed a waiver of the terms and conditions herein. All orders or contracts
are subject to approval and acceptance by Seller at its main office in North Carolina. These Terms
and Conditions are within the sole discretion of Seller and are subject to change with or without prior
notice.
2. Quotations and F.O.B. Point:
Prices are quoted and all sales are made F.O.B. Sellers facility and, unless otherwise indicated in
the proposal, prices quoted are effective for a maximum thirty (30) days after the date of any
proposal.
3. Terms of Payment:
All invoices are due and payable as set forth on the front of the invoice. Each delivery shall be
considered a separate and independent transaction and payment thereof shall be made on terms set
forth on invoice covering same. If delivery is delayed by Buyer, payment shall become due when
Seller is prepared to make delivery. If, in the sole judgment of the Seller, the financial condition of
Buyer at any time does not justify continuation of manufacture or of delivery as originally specified,
Seller may vary terms of payment by requiring full or partial payment in advance, or otherwise, or
may ship to Buyer’s order against sight draft with bill of lading attached.
4. Taxes:
Unless the quotation expressly provides otherwise, the amount of any present or future Federal,
State or local sales, excise or other tax applicable to the products purchased hereunder, or to the
manufacture or sale thereof (including, without limitation, state or local privilege or excise taxes
based on gross revenue), and any taxes or amounts in lieu thereof paid or payable by Seller in
respect of the foregoing (excluding, however, taxes based on net income), shall be added to the
purchase prices and shall be paid by Buyer. In lieu thereof, Buyer may provide Seller with an
appropriate tax exemption certificate acceptable to the taxing authorities.
5. Warranty:
The products covered herein are warranted, for a period of twelve (12) months from date of
shipment, against defects in material and workmanship under normal use and service by Buyer. The
liability of Seller under its warranty is limited to adjustment, in accordance with the Warranty
Adjustment Terms set forth below, for products which are found to be defective by Seller in the form
in which they were originally shipped. In no event will Seller be liable for collateral, consequential or
other damages of any kind.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
