Operating and Maintenance Manual
48
©
HOFFMANN PP2-NCF
• Version 7.267 • 12-2017
24
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
re
voke 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.
