QRNG 350
Quincy Compressor
50163-104, February 2008
19
3501 Wismann Lane, Quincy IL - 62305-3116
QUINCY COMPRESSOR
STANDARD TERMS AND CONDITIONS
LEGAL EFFECT: Except as expressly otherwise agreed to in writing by an authorized representative of Seller, the
following terms and conditions shall apply to and form a part of this order and any additional and/or different terms
of Buyer’s purchase order or other form of acceptance are rejected in advance and shall not become a part of this
order.
The rights of Buyer hereunder shall be neither assignable nor transferable except with the written consent of Seller.
This order may not be canceled or altered except with the written consent of Seller and upon terms which will indemnify
Seller against all loss occasioned thereby. All additional costs incurred by Seller due to changes in design or
specifications, modification of this order or revision of product must be paid for by Buyer.
In addition to the rights and remedies conferred upon Seller by this order, Seller shall have all rights and remedies
conferred at law and in equity and shall not be required to proceed with the performance of this order if Buyer is in
default in the performance of such order or of any other contract or order with seller.
TERMS OF PAYMENT: Unless otherwise specified in the order acknowledgment, the terms of payment shall be 1%
15, net forty-five (45) days after shipment. These terms shall apply to partial as well as complete shipments. If any
proceeding be initiated by or against Buyer under any bankruptcy or insolvency law, or in the judgment of Seller the
financial condition of Buyer, at the time the equipment is ready for shipment, does not justify the terms of payment
specified, Seller reserves the right to require full payment in cash prior to making shipment. If such payment is not
received within fifteen (15) days after notification of readiness for shipment, Seller may cancel the order as to any
unshipped item and require payment of its reasonable cancellation charges.
If Buyer delays shipment, payments based on date of shipment shall become due as of the date when ready for
shipment. If Buyer delays completion of manufacture, Seller may elect to require payment according to percentage
of completion. Equipment held for Buyer shall be at Buyer’s risk and storage charges may be applied at the discretion
of Seller.
Accounts past due shall bare interest at the highest rate lawful to contract for but if there is no limit set by law, such
interest shall be eighteen percent (18%). Buyer shall pay all cost and expenses, including reasonable attorney’s fees,
incurred in collecting the same, and no claim, except claims within Seller’s warranty of material or workmanship, as
stated below, will be recognized unless delivered in writing to Seller within thirty (30) days after date of shipment.
TAXES: All prices exclude present and future sales, use, occupation, license, excise, and other taxes in respect of
manufacture, sales or delivery, all of which shall be paid by Buyer unless included in the purchase price at the proper
rate or a proper exemption certificate is furnished.
ACCEPTANCE: All offers to purchase, quotations and contracts of sales are subject to final acceptance by an
authorized representative at Seller’s plant.
DELIVERY: Except as otherwise specified in this quotation, delivery will be F. O. B. point of shipment. In the absence
of exact shipping instruction, Seller will use its discretion regarding best means of insured shipment. No liability will
be accepted by Seller for so doing. All transportation charges are at Buyer’s expense. Time of delivery is an estimate
only and is based upon the receipt of all information and necessary approvals. The shipping schedule shall not be
construed to limit seller in making commitments for materials or in fabricating articles under this order in accordance
with Seller’s normal and reasonable production schedules.
Seller shall in no event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of governmental
or military authorities, delays in transportation or procuring materials, or causes of any kind beyond Seller’s control.
No provision for liquidated damages for any cause shall apply under this order. Buyer shall accept delivery within
thirty (30) days after receipt of notification of readiness for shipment. Claims for shortages will be deemed to have
been waived if not made in writing with ten (10) days after the receipt of the material in respect of which any such
shortage is claimed. Seller is not responsible for loss or damage in transit after having received “In Good Order”
receipt from the carrier. All claims for loss or damage in transit should be made to the carrier.