Hoffmann BH 556 Lipping Planer
- 10 -
Hoffmann Machine Company, Inc. 1386 Drexel Road Valdese, NC 28690
Phone: (828) 430 - 4510 Fax: (828) 430 - 4620 e-mail: [email protected]
www.Hoffmann-USA.com
9. Terms and Conditions of Sale (continued)
6. Warranty Adjustment Terms:
(a) Adjustments will be limited to claims which are presented promptly after the product is found to
be defective, and within the aforesaid warranty period.
(b) All products claimed to be defective will be subject to inspection and test by Seller. Normally,
Seller will request return of products for inspection and test, however, Seller reserves the right to
make inspection and test on Buyer’s premises. Returns are to be made only as and if authorized in
writing by Seller.
(c) Buyer will pay all packaging, inspection, labor and transportation costs involved. Credit for the
transportation costs only will be issued by Seller provided adjustment subsequently is allowed.
(d) No adjustments will be allowed for products which have been subjected to abuse, improper
installation or application, alteration, accident or negligence in use, storage, transportation or
handling; nor for products on which original identification markings have been removed, defaced or
altered.
(e) Final determination as to whether any adjustment is allowable, and as to the extent thereof, rests
with Seller. Full adjustment, if allowed, normally will be made by replacement in kind on an exchange
basis. Pro rate adjustment, if allowed, normally will be made by the issuance of credit. In all cases,
however, Seller reserves the right to make adjustment by repair, replacement or credit.
(f) Replacement for products found subject to adjustment, whether new or repaired, will be shipped
F.O.B. city of destination with transportation charges prepaid by Seller.
7. Installation:
Buyer shall install machinery purchased from Seller at Buyer’s cost and expense, unless otherwise
expressly stipulated in writing.
8. Packaging and Shipment:
All products shipped hereunder will be packaged in accordance with standard commercial practice
for domestic shipment. Seller’s liability as to delivery ceases upon making delivery of products
purchased hereunder to carrier at Seller’s facility, in good condition, the carrier acting as Buyer’s
agent. All claims for damages must be filed with the carrier or Buyer’s insurer as appropriate. Seller
will select the method of shipment unless Buyer does so in writing at least ten (10) days in advance
of the scheduled delivery date. Equipment held for Buyer because of Buyer’s delay in acceptance,
shall be at Buyer’s risk and expense. Seller does not assume liability for shipping in the least
expensive manner.
9. Deliveries:
It is the desire of Seller to meet requested delivery schedules, however, Seller shall not incur any
liability, consequential, collateral or otherwise, due to any delay or failure to deliver for any reason,
other than arbitrary refusal by Seller to perform. Any delivery indication furnished by Seller only
represents the best estimate of the time required to make shipment.
10. Assignment:
Buyer shall not assign this purchase order or any interest herein or any rights thereunder, without the
prior written consent of Seller.
11. Termination:
Seller may terminate the purchase order or any part thereof herein referred to or any other purchase
order or orders then outstanding by written, telegraphic or electronic mail notice to Buyer if Buyer
becomes insolvent or is subject to proceedings under any law relating to bankruptcy, insolvency or
relief of debtors. Upon such termination Seller shall be entitled to receive reimbursement for
reasonable termination charges.
