Seepex BN 5-12 Series, Operation & Maintenance Manual

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f:\seepex\terms.doc 7.95
seepex , Inc.
511 Speedway Drive
Enon, OH 45323
Phone (937) 864-7150
Fax (937) 864-7157
www.seepex.com
sales@seepex.net
TERMS & CONDITIONS OF SALES AND/OR REPAIR
The following terms and conditions shall apply to an order for all or any part the articles covered by this quotation unless specifically excepted therein:
Prices
Any prices quoted shall only be valid for orders
placed within 30 days from the date of issue of the
quotation. Prices are F.O.B. our plant in U.S. or
Canadian dollars. We reserve the right to correct
typographical or clerical errors.
Terms
All orders are subject to approval by our Credit
Department. Unless otherwise stated, if payment
for the invoice due is not made within thirty (30)
days after shipment, administration fees of
eighteen percent (18%) per year (equivalent to a
nominal monthly interest rate of 1½%) will be
applied on overdue accounts. The terms and
conditions herein set forth are based upon tariffs,
taxes, foreign exchange rates, delivery, and other
conditions in effect on the date of this contract. In
the event changed conditions, legislations,
regulations, or other matters shall become
applicable to any quotation, contract, or delivery
hereunder, any increased exchange, duties,
taxes, ocean freight, or other charges resulting
from such action shall be for the customer's
account and
seepex
, Inc. may charge such
increased duties, taxes, or charges to the
customer.
Unless the order includes the appropriate
exemption certificates and/or licenses, duties, and
taxes levied by Federal, State, or other
governments are required to be charged
automatically at the rate imposed at time of
importation/shipment. Any change in law,
regulations, or Government Department practice
which causes a variation of any kind in the
applicable charges from the amounts allowed for
the quotation, shall result in an equivalent change
in the price quoted.
Until payment is made in full, seepex , Inc. shall
retain the right, without notice, to repossess
and/or retain the items, and/or dispose of them,
for its benefit and hold the customer responsible
for any loss. Customer agrees to enter into any
agreements, contracts, or notices required to
confirm such rights.
Security
In order to secure any obligations due to seepex ,
Inc. from the customer (whether or not under this
contract) the customer grants and confirms in
seepex , Inc. a security interest in:
a) the merchandise covered by this contract,
and
b) in all property and funds of the customer
now or hereafter in seepex , Inc.
possession, whether or not arising out of
this contract, and in all additions,
accessions, and proceeds of such
merchandise and/or property. The
customer hereby authorizes seepex , Inc. to
sign alone any financing statement or
statements and to do all and any other
things which may be necessary to perfect
such security interest.
Cancellation
After acceptance, orders may be canceled only
with our approval and payment in accordance with
contract by the customer for work performed
and/or material expenses incurred by us to date of
cancellation. We reserve the right to cancel the
order if the customer's financial condition, in our
sole judgment, places the payment in jeopardy.
Return
No credit will be allowed for returns unless our
authorization in writing for such returns has been
obtained beforehand. A copy of this authorization
is to be returned with the item as the packing slip.
Shipment
a) Handling Charge: Customer shall be
responsible for making all
arrangements for shipment of the order with
a suitable carrier. In the event
that customer requests that seepex make
arrangements for shipment, then
customer agrees to pay to seepex, in
addition to the applicable shipping
charges, a handling charge in the amount of
10% of the shipping charges with a
minimum $5.00 to a maximum charge of
$150.00, with special services requiring
additional charges.
b) New Articles: Where shipping instructions
indicate no exact routing, our best
judgement will be used in determining
routing but we shall not be liable for any
charges beyond F.O.B. point. If changes
are made at customer's request in a) F.O.B.
point, b) in our normal routing from either
the manufacturers' or our own plants and in
these changes involve extra costs, such
costs shall be for the customer's account,
unless otherwise noted on the seepex price
quotation.
c) Repair Work: Defined as work and services
performed by seepex , Inc. All orders shall
be delivered to and picked up from our plant
unless otherwise specified. All costs of
delivery shall be for the customer's account
unless otherwise agreed to in writing prior to
shipment.
d) All Orders: On collect freight shipments,
cartage charges from plant to carrier are for
customer's account. Title to articles passes
to customer upon delivery to carrier acting
as customer's agent subject to any right of
retention by us. All claims for shortage in,
and damages in, shipment or otherwise
must be reported to carrier immediately
upon receipt with copy or report to ourselves
within five (5) days.
Guarantee
a) New Articles: We guarantee articles of our
manufacture against defects in material
and/or workmanship for a period of three (3)
years from date of acceptance, providing
that the articles have been installed,
maintained, and operated in accordance
with our recommendations and instructions.
b) Repair Work: Defined herein as work and
services performed by seepex , Inc. We
guarantee all work and services performed by
us against defect arising from workmanship
and/or materials provided by us for a period
of ninety (90) calendar days from the date of
shipment to customer.
c)
All Orders: Claims shall be submitted
promptly in writing to seepex , Inc.
Replacement and/or repair under guarantee
shall be made F.O.B. our plant. Our liability
under these guarantees is limited to the
replacement and/or repair only of defective
material or workmanship and in no event shall
seepex , Inc. be liable for any loss or damage
of whatever kind of nature out of defects in
material and/or workmanship, or resulting
from delay, or loss of use of articles, or any
installation into which the article may be
installed, or arising out, of the contract of the
work or service or from negligence.
seepex, Inc. shall not be liable for any loss
or damage resulting from delay and/or late
delivery due to causes beyond our
reasonable control. In no event shall
seepex, Inc. be liable for any claim
exceeding the amount of this order. Our
guarantee on products of other than our
own manufacture is limited to the
guarantee extended to us by the original
manufacturer. On any claims for repairs
and/or replacement under such guarantee,
all costs incurred by us which are not
underwritten by the original manufacturers
shall be for the claimant's account. Except
as stated above no representations,
conditions, or warranties are made with
respect to products, work, or services,
express or implied verbal or otherwise,
including warranties of merchantability and
fitness. Our guarantee and warranty shall
not apply to materials or workmanship
which have been subject to misuse,
neglect, or accident.
seepex, Inc. shall be held free and
harmless from any dispute or claim
anywhere arising relating to infringement
of patent, design, trademark, or copyright
of items, sold or repaired under this
contract.
Property
rights and risks
The customer's property at all times shall remain at
the risk of the customer while being worked on by
our personnel or on our premises and shall not be
responsible for any loss or damage to the
customer's property resulting from any cause
whatsoever.
Title to and rights in relation to item sold under this
contract/quotations shall remain with seepex , Inc.
until such items are paid for, subject to risk on
products sold passing to the customer upon
acceptance by a carrier or other, which shall
constitute good delivery.
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