Carotron P22194-1, Инструкция по эксплуатации

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Standard Terms &
Conditions of Sale
1. General
The Standard Terms and Conditions of Sale of Carotron, Inc. (here-
inafter called “Company”) are set forth as follows in order to give the
Company and the Purchaser a clear understanding thereof. No additional
or different terms and conditions of sale by the Company shall be
binding upon the Company unless they are expressly consented to by the
Company in writing. The acceptance by the Company of any order of the
Purchaser is expressly conditioned upon the Purchaser’s agreement to
said Standard Terms and Conditions. The acceptance or
acknowledgement, written, oral, by conduct or otherwise, by the
Company of the Purchaser’s order shall not constitute written consent by
the Company to addition to or change in said Standard Terms and
Conditions.
2. Prices
Prices, discounts, allowances, services and commissions are subject
to change without notice. Prices shown on any Company published price
list and other published literature issued by the Company are not offers
to
sell and are subject to express confirmation by written quotation and
acknowledgement. All orders of the Purchaser are subject to acceptance,
which shall not be effective unless made in writing by an authorized
Company representative at
its
office in Heath Springs, S.C. The
Company may refuse to accept any order for any reason whatsoever
without incurring any liability to the Purchaser. The Company reserves
the right to correct clerical and stenographic errors at any time.
3. Shipping dates
Quotation of a shipping date by the Company is based on conditions
at the date upon which the quotation is made. Any such shipping date is
subject to change occasioned by agreements entered into previous to the
Company’s acceptance of the Purchaser’s order, governmental priorities,
strikes, riots, fires, the elements, explosion, war, embargoes, epidemics,
quarantines, acts of God, labor troubles, delays of vendors or of
transportation, inability to
obtain raw materials, containers or
transportation or manufacturing facilities or any other cause beyond the
reasonable control of the Company. In no event shall the Company be
liable for consequential damages for failure to meet any shipping date
resulting from any of the above causes or any other cause.
In the event of any delay in the Purchaser’s accepting shipment of
products or parts in accordance with scheduled shipping dates, which
delay has been requested by the Purchaser, or any such delay which has
been caused by lack of shipping instructions, the Company shall store all
products and parts involved at the Purchaser’s risk and expense and shall
invoice the Purchaser for the full contract price of such products and
parts on the date scheduled for shipment or on the date on which the
same is ready for delivery, whichever occurs later.
4. Warranty
The Company warrants to the Purchaser that products manufactured
or parts repaired by the Company, will be free, under normal use and
maintenance, from defects in material and workmanship for a period of
one (1) year after the shipment date from the Company’s factory to the
Purchaser. The Company makes no warranty concerning products
manufactured by other parties.
As the Purchaser’s sole and exclusive remedy under said warranty
in regard to such products and parts, including but not limited to remedy
for consequential damages, the Company will at its option, repair or
replace without charge any product manufactured or part repaired by it,
which is found to the Company’s satisfaction to be so defective;
provided, however, that (a) the product or part involved is returned to the
Company at the location designated by the Company, transportation
charges prepaid by the Purchaser; or (b) at the Company’s option the
product or part will be repaired or replaced in the Purchaser’s plant; and
also provided that Cc) the Company is notified of the defect within one
(1) year after the shipment date from the Company’s factory of the
product or part so involved.
The Company warrants to the Purchaser that any system engineered
by it and started up under the supervision of an authorized Company
representative will, if properly installed, operated and maintained,
perform in compliance with such system’s written specifications for a
period of one (1) year from the date of shipment of such system.
As the Purchaser’s sole and exclusive remedy under said warrant in
regard to such systems, including but not limited to remedy for
consequential damages, the Company will, at its option, cause, without
charges any such system to so perform, which system is found to the
Company’s satisfaction to have failed to so perform, or refund to the
Purchaser the purchase price paid by the Purchaser to the Company in
regard thereto; provided, however, that (a) Company and its represen-
tatives are permitted to inspect and work upon the system involved
during reasonable hours, and (b) the Company is notified of the failure
within one (1) year after date of shipment of the system so involved.
The warranties hereunder of the Company specifically exclude and
do not apply to the following:
a. Products and parts damaged or abused in shipment without fault
of the Company.
b. Defects and failures due to operation, either intentional or oth-
erwise, (l) above or beyond rated capacities, (2) in connection with
equipment not recommended by the Company, or (3) in an otherwise
improper manner.
c. Defects and failures due to misapplication, abuse, improper in-
stallation or abnormal conditions of temperature, humidity, abrasives,
dirt or corrosive matter.
d. Products, parts and systems which have been in any way
tampered with or altered by any party other than an authorized Company
representative.
e. Products, parts and systems designed by the Purchaser.
f. Any party other than the Purchaser.
The Company makes no other warranties or representation, expressed or
implied, of merchantability and of fitness for a particular purpose, in
regard to products manufactured, parts repaired and systems engineered
by
it.
5. Terms of payment
Standard terms of payment are net thirty (30) days from date of the
Company invoice. For invoice purposed, delivery shall be deemed to be
complete at the time the products, parts and systems are shipped from
the Company and shall not be conditioned upon the start up thereof.
Amounts past due are subject to a service charge of 1.5% per month or
fraction thereof.
6. Order cancellation
Any cancellation by the Purchaser of any order or contract between
the Company and the Purchaser must be made in writing and receive
written approval of an authorized Company representative at its office in
Heath Springs, S.C. In the event of any cancellation of an order by either
party, the Purchaser shall pay to the Company the reasonable costs,
expenses, damages and loss of profit of the Company incurred there by,
including but not limited to engineering expenses and expenses caused
by commitments to the suppliers of the Company’s subcontractors, as
determined by the Company.
7. Changes
The Purchaser may, from time to time, but only with the written
consent of an authorized Company representative, make a change in
specifications
to
products, parts or systems covered by a purchase order
accepted by the company. In the event of any such changes, the
Company shall be entitled to revise its price and delivery schedule under
such order.
8. Returned material
If the Purchaser desires
to
return any product or part, written au-
thorization thereof must first be obtained from the Company which will
advise the Purchaser of the credit
to
be allowed and restocking charges to
be paid in regard to such return. No product or part shall be returned to
the Company without a ”RETURNTAG” attached thereon which has
been issued by the Company.
9. Packing
Published prices and quotations include the Company’s standard
packing for domestic shipment. Additional expenses for special packing
or overseas shipments shall be paid by the Purchaser. If the Purchaser
does not specify packing or accepts parts unpacked, no allowance will be
made to the Purchaser in lieu of packing.
10. Standard transportation policy
Unless expressly provided in writing to the contrary, products, parts
and systems are sold f.o.b. first point of shipment. Partial shipments shall
be permitted, and the Company may invoice each shipment separately.
Claims for non-delivery of products, parts and systems, and for damages
thereto must be filed with the carrier by the Purchaser. The Company’s
responsibility therefor shall cease when the carrier signs for and accepts
the shipment.