Operating and Maintenance Manual
©
HOFFMANN PP2- NCF
• Version 7.267 • 12-2017
49
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.
(e) Final determination as to whether any adjustment is allowable, and as to the extent thereof, rests with
Seller. Full adjustment, if allowed, normally will be made by replacement in kind on an exchange basis. Pro
rate adjustment, if allowed, normally will be made by the issuance of credit. In all cases, however, Seller
reserves the right to make adjustment by repair, replacement or credit.
(f) Replacement for products found subject to adjustment, whether new or repaired, will be shipped F.O.B.
city of destination with transportation charges prepaid by Seller.
7. Installation:
Buyer shall install machinery purchased from Seller at Buyer’s cost and expense, unless otherwise
expressly stipulated in writing.
8. Packaging and Shipment:
All products shipped hereunder will be packaged in accordance with standard commercial practice for
domestic shipment. Seller’s liability as to delivery ceases upon making delivery of products purchased
hereunder to carrier at Seller’s facility, in good condition, the carrier acting as Buyer’s agent. All claims for
damages must be filed with the carrier or Buyer’s insurer as appropriate. Seller will select the method of
shipment unless Buyer does so in writing at least ten (10) days in advance of the scheduled delivery date.
Equipment held for B
uyer because of Buyer’s delay in acceptance, shall be at Buyer’s risk and expense.
Seller does not assume liability for shipping in the least expensive manner.
9. Deliveries:
It is the desire of Seller to meet requested delivery schedules, however, Seller shall not incur any liability,
consequential, collateral or otherwise, due to any delay or failure to deliver for any reason, other than
arbitrary refusal by Seller to perform. Any delivery indication furnished by Seller only represents the best
estimate of the time required to make shipment.
10. Assignment:
Buyer shall not assign this purchase order or any interest herein or any rights thereunder, without the prior
written consent of Seller
11. Termination:
Seller may terminate the purchase order or any part thereof herein referred to or any other purchase order
or orders then outstanding by written, telegraphic or electronic mail notice to Buyer if Buyer becomes
insolvent or is subject to proceedings under any law relating to bankruptcy, insolvency or relief of debtors.
Upon such termination Seller shall be entitled to receive reimbursement for reasonable termination charges.
12. Cancellations or Returns:
Buyer shall not cancel any order nor return any equipment without first obtaining the written consent of
Seller. In any event, in case of refusal or inability of Buyer to accept a delivery, the Buyer shall nevertheless
be liable for freight, express, storage, handling, restocking and any other expense resulting. In no event are
orders for machines or pa
rts built to customers’ specification subject to cancellation and Buyer shall be
liable for work done and materials used.
13. Specifications:
(a) Phone order specifications are filled at Buyer’s risk unless confirmed in writing prior to commencement
of manufacture.
(b) If equipment is found not the meet original specifications, Seller shall have a reasonable time to make
adjustments.
14. Law Governing:
