StoneAge AUTOBOX ABX-2L, User Manual

Page: 32 / 36

32
866-795-1586 • WWW.STONEAGETOOLS.COM
TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions. These Terms and Conditions
shall operate as Seller’s acceptance of Buyer’s purchase order, and such
acceptance is made expressly conditional on assent by Buyer to the
Terms and Conditions. Such assent shall be deemed to have been given
unless written notice of objection to any of such Terms and Conditions
(including inconsistencies between Buyer’s purchase order and this
acceptance) is given by Buyer to Seller promptly on receipt hereof.
Seller desires to provide its Buyer with prompt and efficient service.
However, to negotiate individually the terms of each sales contract
would substantially impair Seller’s ability to provide such service.
Accordingly, products furnished and services rendered by Seller are
sold only on the Terms and Conditions stated herein. Notwithstanding
any Terms or Conditions on Buyer’s order, Seller’s performance of any
contract is expressly made conditional on Buyer’s agreement to Seller’s
Terms and Conditions of sale unless otherwise specifically agreed to in
writing by Seller. In the absence of such agreement, commencement of
performance, shipment and/or delivery shall be for Buyer’s convenience
only and shall not be deemed or construed to be an acceptance of
Buyer’s Terms and Conditions. PRODUCTS SOLD BY SELLER ARE
DESIGNED AND INTENDED TO BE USED AT HIGH PRESSURES AND
SPEEDS, AND MAY BE DANGEROUS IF OPERATED IMPROPERLY OR
WITHOUT THE USE OF APPROPRIATE SAFETY DEVICES AND GUARDS.
BUYER IS CAUTIONED TO CAREFULLY READ AND UNDERSTAND
THESE TERMS AND CONDITIONS, AS THEY HAVE IMPORTANT LEGAL
CONSEQUENCES.
2. Payment/Prices. Unless other arrangements have been made in
writing between Seller and Buyer, payment for product delivered shall be
made upon receipt of invoice. The prices shown on the face hereof are
those currently in effect. Prices invoiced shall be per price list in effect at
the time of shipment. Prices are subject to increase for inclusion of any
and all taxes which are applicable and which arise from the sale, delivery
or use of Seller’s products or services and for the collection of which
Seller is or may be responsible to any governmental authority unless
acceptable exemption certificates are provided by Buyer in accordance
with law. Buyer shall pay all charges for transportation and delivery and
all excise, order, occupation, use or similar taxes, duties, levies, charges
or surcharges applicable to the equipment or services being purchased,
whether now in effect or hereafter imposed by any governmental
authority, foreign or domestic.
3. Warranty. Subject to the limitations and conditions hereinafter set
forth, Seller warrants to the original Buyer that its products are free from
defects in workmanship and material for a period of one (1) year from
shipment date. Seller’s obligation under this warranty shall be limited
to repairing, replacing or issuing a credit for, at Seller’s option, any
products or services it finds to be defective in material or workmanship.
In no event shall Seller be liable for any incidental, consequential or
indirect damages of any kind. THIS WARRANTY SHALL BE IN LIEU
OF ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING
ANY WARRANTY FOR MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. No statement or recommendation made by
Seller or its representative to Buyer or User shall constitute a warranty by
Seller or a waiver or modification to any of the provisions hereof or create
any liability for Seller. All warranty claims are subject to the exclusions
and limitations set forth below:
a. The warranty shall not apply if the product or service (1) has been
subject to misuse, negligence or accident; (2) has not been installed or
operated in accordance with Seller’s recommendations; (3) has been
operated under more severe conditions than those specified for the
particular product or service; (4) has been operated beyond the rated
capacity of the product; or (5) has been repaired or altered outside
Seller’s facilities or in any way so as, in Seller’s judgment, to affect its
stability or reliability.
b. Products that Seller furnishes, but does not manufacture, carry
only the warranty of the Manufacturer of such products. Where other
Manufacturers’ or Suppliers’ products used in Seller’s products or
services prove defective, Seller’s liability shall exist only to the extent
that Seller is able to recover from such Manufacturers or Suppliers for
such defects.
c. Any warranty granted by Seller to the Buyer shall be deemed void
if any goods covered by such warranty are used for any purpose not
recommended or permitted. In addition, the Buyer shall indemnify
Seller and hold Seller harmless from and against any and all claims,
damages, losses, costs, expenses and other liability of whatever nature
that Seller suffers or incurs by reason of any such unintended use.
d. Notice of defective product or service must be given in writing to
Seller by Buyer or User within fifteen (15) business days following
receipt of goods. Buyer or User shall keep such products or services
in an unaltered condition for examination by Seller’s representative. No
goods may be returned for credit or adjustment without prior written
permission from Seller.
4. Product Liability. Buyer specifically acknowledges that the products
being purchased may be operated at high speeds and/or pressures,
and that as such they may be inherently dangerous if not used correctly.
Buyer shall be solely responsible for the safe operation of the products
at all times and for determining the safety devices and guards that
may be required for the safe operation of the products. Buyer shall
undertake to specify and order all safety devices and guards necessary
for the safe operation of the equipment covered. All safety devices and
guards offered in Seller’s quotations are recommended for purchase.
Seller may provide necessary safety devices and guards not offered in
this quotation at an extra price in accordance with the specifications
of Buyer. Buyer shall at all times use and require its contractors to use
all necessary and appropriate safety devices, guards and proper safe
operating procedures. Buyer shall ensure that proper Operator training
is provided. Buyer shall not remove or modify any such devices, guards
or warning signs and shall insist on safe operating practices on the part
of its personnel. In no event shall Seller be responsible for any injuries to
persons or property caused by defects in any equipment, including by
way of illustration and not limitation, any pumps, compressors, fittings,
connections, components, piping or hoses up to the point that same are
connected to the product. Buyer agrees to indemnify and to save Seller
harmless from any and all liability or obligation incurred by or against
Seller, including costs and attorneys’ fees, to or by any persons injured
directly or indirectly in the operation of the equipment furnished under
the following conditions: