Fastcorp DIVI, Руководство по установке и эксплуатации

Страница: 10 / 62

Fastcorp, LLC
DIVI Setup and Users Guide
Page 10 of 62
Rev 6
2. Warranty
FASTCORP (“SELLER”) TERMS AND CONDITIONS OF SALE
PRICES.
All prices, quotations, shipments and deliveries by Seller are F.O.B. Seller's facility. All base prices are subject to
change upon thirty (30) days’ notice and all orders are accepted subject to Seller's price in effect at the time of
shipment..
APPLICABILITY, ACCEPTANCE AND MODIFICATION.
These terms and conditions apply to all quotations and purchase orders covering the sale of Seller's products or
services. Seller's acceptance of Buyer's order is expressly made conditional on Buyer's acceptance of the terms and
conditions set forth herein. The terms and conditions set forth herein constitute the complete agreement between the
Seller and the Buyer, and may be accepted only in accordance with their terms. They may not be modified except by
written agreement referring specifically to these terms and conditions and signed by a duly authorized officer of
Seller. Any provisions of Buyer's purchase order which are inconsistent with the foregoing shall be of no force and
effect, unless Seller shall have agreed to a modification of these terms and conditions in the manner set forth herein.
Buyer's failure to dissent from the terms and conditions, or Buyer's acceptance or use of the Seller's equipment shall
constitute Buyer's acceptance of these terms and conditions. Buyer, by these presents and the acceptance of the
goods ordered herein represents and warrants the Buyer is solvent and able to pay for the goods in accordance with
these terms and conditions of sale. Any order accepted by Seller shall not be assigned, sold or otherwise transferred
by Buyer unless Seller expressly agrees in writing to such sale, assignment or other transfer.
DELIVERY AND DELAYS.
Seller's obligation is to deliver the goods F.O.B. Seller's facility. Risk of loss passes to Buyer at the moment of delivery.
Buyer will inspect the products within a reasonable time after receipt thereof and if Buyer fails to notify Seller within
thirty days after receipt that the products are defective in any respect, Buyer will have waived any rights or claims
against Seller. Orders for products made to Buyer's specifications are not subject to cancellation by Buyer. Products
made to Buyer's specifications must be inspected and accepted by Buyer before shipment. After shipment, Buyer shall
have no rights or claims against Seller for such products. Delivery dates appearing on Seller's order acknowledgment,
or given to Buyer in any other manner, are approximate. Seller will not be liable for any delay in the performance
hereof or for any damages suffered by Buyer by reason of such delay it caused or by the occurrence of any
contingency beyond the control of Seller including, but not limited to, delays or non-delivery arising directly or
indirectly from fires, floods, substantial damage to its plant, accidents, riots, acts of God, open hostilities, declarations
of national emergencies, war, terrorist acts, governmental interference or embargoes, strikes, labor difficulties,
shortage of labor, fuel, power, materials or supplies, or any other cause or causes (whether or not similar in nature to
any of those herein above specified) beyond its control. Seller shall allocate production and deliveries among Seller's
customers in its sole discretion.
STORAGE.
In the event that Buyer is unable to accept delivery of parts or equipment at the time of completion and of shipment,
Seller may invoice for the total purchase price as if the shipment has been made and; (i) if Seller is able to store such
equipment in its own facilities, the Buyer shall pay Seller reasonable handling and storage charges for the period of
such storage; or (ii) if Seller is unable to store such equipment in its own facilities, Seller reserves the right to arrange
handling and storage in a suitable warehouse for the Buyer, at the Buyer's expense. In cases where handling and
storage become necessary, it will become the responsibility of the Buyer to notify Seller when shipment is to be made
and to what destination.