Operating and Maintenance Manual
©
HOFFMANN MU3-P & MU3-PD
• Version 7.205.00 • 01-2018
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Terms and Conditions of Sale and Warranty
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.
If payment is not received on or before payment due date and as set forth in terms on proposal and/or invoice, or if payment is
delayed, or if payment amount is reduced, seller reserves the right to reduce or revoke equipment warranty, at seller’s sole discretion.
Eventual payment of outstanding amount does not automatically reinstate warranty. Warranty can only be reinstated by seller and
reinstatement must be confirmed by seller in writing to be valid.
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.
Parts replaced under Warranty are covered for a period of six (6) months from the date of shipment, unless otherwise specified on
invoice, subject to the warranty adjustment terms set forth below.
SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
6. Warranty Adjustment Terms:
(a) Adjustments will be limited to claims which are presented promptly after the product is found to be defective, and within the
aforesaid warranty period.
(b) All products claimed to be defective will be subject to inspection and test by Seller. Normally, Seller will request return of products
for inspection and test, however, Seller reserves the right to make inspection and test on Buyer’s premises. Returns are to be made
only as and if authorized in writing by Seller.
(c) Buyer will pay all packaging, inspection, labor and transportation costs involved. Credit for the transportation costs only will be
issued by Seller provided adjustment subsequently is allowed.
(d) No adjustments will be allowed for products which have been subjected to abuse, improper installation or application, alteration,
accident or negligence in use, storage, transportation or handling; nor for products on which original identification markings have been
removed, defaced or altered.
