Operat ion and Maintenance Manual
QTS Series Twin Screw Positive Displacement Pump
11.
TERMINATION. After Seller has commenced work, ordered any materials or made
any other commitments pursuant to the agreement, it may be terminated only with the prior
written agreement of Seller providing for equitable cancellation charges. Such charges shall
reimburse Seller for any completed items at the contract price, and for any work-in-process
items at the contract price less the cost to complete. Termination on any other basis must be
specifically agreed on in writing in advance between Purchaser and Seller.
12.
DEFERRED DELIVERIES. Orders or deliveries will be deferred only upon the prior
written agreement of Seller in its discretion, and then only upon the following conditions:
(a)
The deferral period may not exceed sixty (60) days. At the end of the deferral
period, if no release is provided by Purchaser, Seller reserves the right to render an invoice
for and ship the completed portion of the order to the destination specified in Purchaser’s
order, or to store such material at Purchaser’s expense at Seller’s standard storage charges
then in effect.
(b)
For the portion of the order that is not completed, if no release is provided by
Purchaser at the expiration of the deferral period, Seller reserves the right to render an
invoice for any completed items at the contract price, and for any work-in-process items at
the contract price less the cost to complete.
(c)
Purchaser shall bear the risk of loss or damage to materials held at
Purchaser’s request.
13.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE UNDER ANY
CIRCUMSTANCES: (a) FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR LABOR COSTS) ARISING
FROM OR RELATING TO THE PRODUCTS OR THEIR SALE, USE OR INSTALLATION; (b)
FOR DAMAGES TO PROPERTY (OTHER THAN THE PRODUCTS PURCHASED FROM SE-
LLER); (c) FROM ANY BREACH OF ITS WARRANTY OR ANY OTHER OBLIGATIONS TO
BUYER; OR (d) FOR ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRAN-
TY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, OR ON TORT OR
OTHER THEORY OF LIABILITY, AND REGARDLESS OF ANY ADVICE OR REPRESENTA-
TIONS (WHETHER OR NOT IN WRITING) THAT MAY HAVE BEEN RENDERED BY SELLER
CONCERNING THE DESIGN, MANUFACTURE, SALE, USE OR INSTALLATION OF THE
PRODUCTS.
Ampco Pumps Company QTS Manual M-030 Rev A 1.16
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