PM-ERV-B/USA
Maintenance Instructions & Generic Parts List
ERV Series Actuator
10
Parker Hannifin Corporation
Actuator Division
Wadsworth, OH 44281
Offer Of Sale
The items described in this document are hereby offered for sale at prices to be established by Parker Hannifin
Corporation, its subsidiaries and its authorized distributors. This offer and its acceptance by any customer ("Buyer") shall
be governed by all of the following Terms and Conditions. Buyer's order for any item described in its document, when
communicated to Parker Hannifin Corporation, its subsidiary or an authorized distributor ("Seller'] verbally or in writing,
shall constitute acceptance of this offer.
1. Terms and Conditions of Sale:
All descriptions,
quotations, proposals, offers, acknowledgments,
acceptances and sales of Seller's products are subject to
and shall be governed exclusively by the terms and
conditions stated herein. Buyer's acceptance of any offer
to sell is limited to these terms and conditions. Any terms
or conditions in addition to, or inconsistent with those
stated herein, proposed by Buyer in any acceptance of an
offer by Seller, are hereby objected to No such additional,
different or inconsistent terms and conditions shall
become part of the contract between Buyer and Seller
unless expressly accepted in writing by Seller. Seller's
acceptance of any offer to purchase by Buyer is expressly
conditional upon Buyer's assent to all the terms and
conditions stated herein, including any terms in addition
to, or inconsistent with those contained in Buyer's offer.
Acceptance of Seller's products shall in all events
constitute such assent.
2. Payment:
Payment shall be made by Buyer net 30
days from the date of delivery of the items purchased
hereunder. Any claims by Buyer for omissions or
shortages in a shipment shall be waived unless Seller
receives notice thereof within 30 days after Buyer's receipt
of the shipment.
3. Delivery
: Unless otherwise provided on the face
hereof, delivery shall be made F.O.B. Seller's plant.
Regardless of the method of delivery, however, risk of
loss shall pass to Buyer upon Seller's delivery to a carrier.
Any delivery dates shown are approximate only and Seller
shall have no liability for any delays in delivery.
4. Warranty
: Seller warrants that the items sold
hereunder shall be free from defects in material or
workmanship for a period of 365 days from the date of
shipment to Buyer, or 2,00.0 hours of use, whichever
expires first. THIS WARRANTY COMPRISES THE SOLE
AND ENTIRE WAR. RANTY PERTAINING TO ITEMS
PROVIDED HEREUNDER. SELLER MAKES NO OTHER
WARRANTY, GUARANTEE, OR REPRESENTATION OF
ANY KIND WHATSOEVER. ALL OTHER WARRANTIES,
INCLUDING BUT NOT LIMITED TO, MERCHANTIBILITY
AND FITNESS FOR PURPOSE, WHETHER EXPRESS,
IMPLIED, OR ARISING BY OPERATION OF LAW,
TRADE USAGE, OR COURSE OF DEAL ING ARE
HEREBY DISCLAIMED. NOTWITHSTANDING THE
FOREGOING, THERE ARE NO WARRAN. TIES
WHATSOEVER ON ITEMS BUILT OR ACQUIRED
WHOLLY OR PARTIALLY, TO BUYER'S DESIGNS OR
SPECIFICATIONS.
5. Limitation Of Remedy
: SELLER'S LIABILITY
ARISING FROM OR IN ANY WAY CONNECTED WITH
THE ITEMS SOLD OR THIS CONTRACT SHALL BE
LIMITED EXCLUSIVELY TO REPAIR OR
REPLACEMENT OF THE ITEMS SOLD OR REFUND OF
THE PURCHASE PRICE PAID BY BUYER, AT
SELLER'S SOLE OPTION. IN NO EVENT SHALL
SELLER BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY
KIND OR NATURE WHATSOEVER, INCLUDING BUT
NOT LIMITED TO LOST PROFITS ARISING FROM OR
IN ANY WAY CONNECTED WITH THIS AGREEMENT
OR ITEMS SOLD HEREUNDER, WHETHER ALLEGED
TO ARISE FROM BREACH OF CONTRACT, EXPRESS
OR IMPLIED WARRANTY, OR IN TORT, INCLUDING
WITHOUT LIMITATION, NEGLIGENCE, FAILURE TO
WARN OR STRICT LIABILITY.
6. Changes, Reschedules and Cancellations
: Buyer
may request to modify the designs or specifications for the
items sold hereunder as well as the quantities and
delivery dates thereof, or may request to cancel all or part
of this order, however, no such requested modification or
cancellation shall become part of the contract between
Buyer and Seller unless accepted by Seller in a written
amendment to this Agreement. Acceptance of any such
requested modification or cancellation shall be at Seller's
discretion, and shall be upon such terms and conditions
as Seller may require.
7. Special Tooling:
A tooling charge may be imposed for
any special tooling, including without limitation, dies,
fixtures, molds and patterns, acquired to manufacture
items sold pursuant to this contract. Such special tooling
shall be and remain Seller's property notwithstanding
payment of any charges by Buyer. In no event will Buyer
acquire any interest in apparatus belonging to Seller
which is utilized in the manufacture of the items sold
hereunder, even if such apparatus has been specially
converted or adapted for such manufacture and
notwithstanding any charges paid by Buyer. Unless
otherwise agreed, Seller shall have the right to alter,
discard or otherwise dispose of any special tooling or
other property in its sole discretion at any time.
8. Buyer's Property
: Any designs, tools, patterns,
materials, drawings, confidential information or equipment
furnished by Buyer or any other items which become
Buyer's property, may be considered obsolete and may be
destroyed by Seller after two (2) consecutive years have
elapsed without Buyer placing an order for the items
which are manufactured using such property. Seller shall
not be responsible for any loss or damage to such
property while it is in Seller's possession or control.
9. Taxes:
Unless otherwise indicated on the face hereof,
all prices and charges are exclusive of excise, sales, use,
property, occupational or like taxes which may be
imposed by any taxing authority upon the manufacture,
sale or delivery of the items sold hereunder. If any such
taxes must be paid by Seller or if Seller is liable for the
collection of such tax, the amount thereof shall be in
addition to the amounts for the items sold. Buyer agrees
to pay all such taxes or to reimburse Seller therefore upon
receipt of its invoice. If Buyer claims exemption from any
sales, use or other tax imposed by any taxing authority,
Buyer shall save Seller harmless from and against any
such tax, together with any interest or penalties thereon
