22
Conditions and terms of sale
CONTROLLING PROVISIONS:
These terms and conditions
shall control with respect to any purchase order or sale of Seller’s
products. No waiver, alteration or modification of these terms
and conditions whether on Buyer’s purchase order or otherwise
shall be valid unless the waiver, alteration or modification is
specifically accepted in writing and signed by an authorized
representative of Seller.
DELIVERY:
Seller will make every effort to complete delivery
of products as indicated on Seller’s acceptance of an order, but
Seller assumes no responsibility or liability, and will accept no
backcharge, for loss or damage due to delay or inability to deliver
caused by acts of God, war, labor difficulties, accident, delays of
carriers, by contractors or suppliers inability to obtain materials,
shortages of fuel and energy, or any other causes of any kind
whatever beyond the control of Seller. Seller may terminate any
contract of sale of its products without liability of any nature, by
written notice to Buyer, in the event that the delay in delivery or
performance resulting from any of the aforesaid causes shall
continue for a period of sixty (60) days. Under no circumstances
shall Seller be liable for any special or consequential damages or
for loss, damage, or expense (whether or not based on negligence)
directly or indirectly arising from delays or failure to give notice
of delay.
SELLER’S LIABILITY:
Seller will not be liable for any loss,
damage, cost of repairs, incidental or consequential damages of
any kind, whether based upon warranty (except for the obligation
accepted by Seller under “Warranty” above), contract or
negligence arising in connection with the design, manufacture,
sale, use or repair of the products or of the engineering designs
supplied to Buyer.
RETURNS:
Seller cannot accept return of any products unless
its written permission has been first obtained, in which case same
will be credited subject to the following: (a) All material returned
must, on its arrival at Seller’s plant, be found to be in first-class
condition; if not, cost of putting in saleable condition will be
deducted from credit memoranda. (b) A handling charge
deduction of twenty percent (20%) will be made for all credit
memoranda issued for material returned. (c) Transportation
charges, if not prepaid, will be deducted from credit memoranda.
CANCELLATION OR ALTERATION:
Cancellation or
alteration of an order by Buyer may not be made without advance
written consent of Seller and shall be subject to a cancellation
charge. The cancellation charge will be a minimum of fifteen
percent (15%) or actual cost incurred by Seller at the time of
cancellation or alteration, whichever is greater.
SHIPMENTS:
All products sent out will be carefully examined,
counted and packed. The cost of any special packing or special
handling caused by Buyer’s requirements or requests shall be
added to the amount of the order. No claim for shortages will be
allowed unless made in writing within (10) days of receipt of a
Shipment. Claims for products damaged or lost in transit should
be made on the carrier, as Seller’s responsibility ceases, and title
passes, on delivery to the carrier.
SPECIAL PRODUCTS:
Orders covering special or non-
standard products are not subject to cancellation except on such
terms as Seller may specify on application.
QUOATIONS:
All quotations are subject to approval,
acceptance and correction at the home office. Any errors in
quotations resulting in orders will be corrected and re-submitted
to the customer for their acceptance or refusal. All quotations are
valid for 45 days from the date on the quotation.
PRICES AND DESIGNS:
Prices and designs are subject to
change without notice. All prices are
F.O.B. Point of Shipment
,
unless otherwise stated.
TAXES:
The amount of any sales, excise or other taxes, if any,
applicable to the products covered by this order, shall be added to
the purchase price and shall be paid by Buyer unless Buyer
provides Seller with an exemption certificate acceptable to the
taxing authorities.
TERMS OF SALE:
For value received, Buyer agrees to honor
all terms of the sale, as outlined on the reverse hereof, including,
but not limited to the following:
3% 10, net 30 days unless otherwise specified in writing.
Buyer agrees and understands that payments will be
considered past due if payment is not received within thirty
(30) days of the invoice date.
Buyer agrees that all past due payments shall bear interest at
the rate of 1.5% per month (18% per annum) until paid in
full.
Buyer agrees that it is the intention of Buyer and Seller to
conform strictly to all usury laws now in force and effect in
the state of purchase.
Buyer further agrees not to suffer or permit any charge, lien,
security interest, adverse claim or encumbrance of any and
every nature whatsoever against the equipment until the
indebtedness secured thereby is satisfied in full.
Minimum invoice amount will be no less than $25.00 plus
transportation.
USE OF EQUIPMENT:
Buyer agrees to maintain and use the
equipment solely in the conduct of its own business, in a careful
and proper manner, and in conformity with all applicable permits,
licenses, statues, ordinances, regulations and laws.
INSURANCE:
Buyer shall have and maintain at all times with
respect to all equipment insuring against risk of fire, theft and
other risks as Seller may require, until the indebtedness secured
thereby is satisfied in full.
