Operating and Maintenance Manual
©
HOFFMANN MU3-P & MU3-PD
• Version 7.205.00 • 01-2018
37
(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.
12. Cancellations or Returns:
Buyer shall not cancel any order nor return any equipment without first obtaining the written consent of Seller. In any event, in case of
refusal or inability of Buyer to accept a delivery, the Buyer shall nevertheless be liable for freight, express, storage, handling, restocking
and any other expense resulting. In no event are orders for machines or parts built to customers’ specification subject to cancellation
and Buyer shall be liable for work done and materials used.
13. Specifications:
(a) Phone order specifications are filled at Buyer’s risk unless confirmed in writing prior to commencement of manufacture.
(b) If equipment is found not the meet original specifications, Seller shall have a reasonable time to make adjustments.
14. Law Governing:
Buyer’s purchase order shall be governed by and construed according to the laws of the State of North Carolina. The courts of the State
of North Carolina shall have jurisdiction over any controversy that may arise out of the dealings between Buyer and Seller.
15. Force Majure:
Seller shall not be liable under this agreement by reason of its delay in the performance of or failure to perform any of its obligations
hereunder if such delay or failure is caused by acts of God or the public enemy, riots, incendiaries, interference by civil or military
authority, compliance with government laws, rules and regulations or any fault beyond its control.
16. Acceptance:
Payment for or a deposit made for the products shall constitute a contract embodying all of terms and conditions stated herein.
17. Ownership:
All products remain the sole property of the Seller until all charges, including all transportation, crating and installation costs, are paid
in full.
18. Severability:
The provisions of these Terms and Conditions are intended to be severable. If, for any reason, any of the above provisions should be
found unenforceable or invalid in whole or in part, in any jurisdiction, such provision be ineffective only to the extend the
determination of invalidity or unenforceability in that jurisdiction. Any such determination shall not affect the enforceability or validity
of the remaining provisions.
This manual was created to the best of our knowledge at time of writing
– subject to future updates.
