Vilter VSM 71-701, Operation And Service Manual

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Exclusivity. Seller’s acceptance of Buyer’s order is expressly conditional upon Buyer’s agreement to these terms and
conditions. All inconsistent or additional terms, modifications, or changes are deemed material, are expressly re-
jected, and do not form a part of this Agreement unless Seller agrees to such terms in writing.
Home Office Approval. Buyer understands that no agent of Seller is authorized to execute this Agreement or bind
Seller unless this Agreement and any purported change are signed by a home office Officer of Seller.
Prices and Payments. Prices are exclusive of taxes and may be modified at any time prior to Seller receiving Buyer’s
binding order. Upon acceptance, prices are firm for only three months and subject to reasonable escalation. Unless
agreed otherwise in writing, all payments are due in full within 30 days of Seller shipping the products or providing
the services. All overdue amounts will incur finances charge of the lesser of (a) 1 ½ % per month and (b) the
maximum allowed by law.
Security Agreement. This Agreement shall be considered a security agreement to the maximum extent allowed by
law. Seller shall have, retain, and possess a security interest in all products sold to Buyer until Seller is paid in full.
Buyer grants to Seller a power of attorney to complete, sign on Buyer’s behalf, and file all forms reasonably necessary
to perfect Seller’s security interest. If Buyer defaults, or Seller deems itself insecure of receiving payment, the full
unpaid balance shall become immediately due and payable at the option of the Seller, and Seller may retake posses-
sion of the products without Court order.
Delivery. Seller shall not be liable for delivery delays beyond its control, including delays caused by its suppliers. All
delivery dates and rates of production statements are merely good faith estimates. Unless otherwise stated on Seller’s
Order Acknowledgment, all shipments are F.O.B. Seller’s factory. Seller reserves the rights to make installment
deliveries.
Warranties. Seller warrants the products it manufactures to be free from defects in material and workmanship for a
period of eighteen (18) months from the date of shipment from Seller’s manufacturing plant or twelve (12) months
from date of installation at the initial end users location, whichever occurs first. In addition, Seller provides the
following extended warranties: (a) three (3) years from the date of shipment on single screw compressor internal
rotating parts, (b) two (2) years from the date of shipment on reciprocating compressors and single screw and recip-
rocating compressor parts, and (c) two (2) years on all other parts on a single screw compressor unit. Such warranties
do not apply to ordinary wear and tear. Seller does not warrant that the product complies with any particular law or
regulation not explicitly set forth in the specifications, and Buyer is responsible for ensuring that the product contains
all features necessary to safely perform in Buyer’s and its customer’s plants and operations. Buyer must notify Seller
of any warranty claim within ten (10) days after such claim arises, otherwise Buyer waives all rights to such claim.
Products supplied by Seller which are manufactured by others are not warranted by Seller, but rather Seller merely
passes through the manufacturer’s warranty to Buyer.
SELLER EXPRESSLY DISCLAIMS ALL OTHER WAR-
RANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Unless otherwise agreed in writing, Buyer’s
sole remedy for breach of warranty is, at Seller’s option, the repair of the defect, the correction of the service, or the
providing a replacement part FOB Seller’s office. Seller will not be responsible for costs of dismantling, lost refrig-
erant, reassembling, or transporting the product. Further, Seller will not be liable for any other direct, indirect,
consequential, incidental, or special damages arising out of a breach of warranty.
THESE WARRANTY REM-
EDIES ARE EXCLUSIVE, AND ALL OTHER WARRANTY REMEDIES ARE EXCLUDED. Products or
parts for which a warranty claim is made are to be returned transportation prepaid to Seller’s factory. Any improper
use, corrosion, neglect, accident, operation beyond rated capacity, substitution of parts not approved by Seller, or any
alteration or repair by others which, in Seller’s judgment, adversely affects the Product, shall void all warranties and
warranty obligations. Further, Seller shall not be liable under the above warranties should Buyer be in default of its
payment obligations to Seller under this Agreement or any credit agreement.
DOMESTIC TERMS and
CONDITIONS