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KRSD series
Standard Terms and Conditions
These terms and conditions govern the sale of Products (“Rotary Screw Air Compressors
and parts”) and provisions of services by Kaishan Compressor USA,Ltd. (Seller) and its
authorized representative or buyer. These terms and conditions (“Agreement”) take
precedence over Buyer’s supplemental or conflicting terms and conditions to which notice
of objection is hereby given. Neither Seller’s commencement of performance or delivery
shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms
and conditions. Kaishan Compressor’s failure to object to conflicting or additional terms
will not change or add to the terms of this agreement. Buyer’s acceptance of the Products
and/or Services from Seller shall be deemed to constitute acceptance of the terms and
conditions contained herein.
Orders:
All orders placed by Buyer are subject to acceptance by Seller. Orders may not be
canceled or rescheduled without Seller’s written consent. All orders must identify the
products, unit quantities, part numbers, applicable prices and requested delivery dates of the
Products being purchased. Seller may at its sole discretion allocate Product among its Buyer.
Seller may designate certain Products and Services as non-cancelable, non-returnable and
the sale of such Products shall be subject to the special terms and conditions contained in
Seller’s Customer Acknowledgment or Non-Returnable Product Form, which shall prevail
and supersede any inconsistent terms and conditions contained herein or elsewhere.
Prices:
The prices of the Products are those prices specified on the front of the invoice or
contained within an agreed written contract. Price quotations shall automatically expire in
thirty (30) days from the date issued, or as otherwise stated in the quotation.
Taxes:
Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of
transportation and insurance costs, duties, and all taxes including federal, state and local
sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees
to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as
well as the collection or withholding thereof, including penalties and interest thereon. When
applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
Payment:
Payment may be made by check, money order, credit card, or wire transfer (all
fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment
shall be net thirty (30) days from date of invoice, without offset or deduction. On any past
due invoice, Seller may impose a monthly interest rate. If Buyer fails to make the required
payments the Seller will impose the interest rate each month. If Buyer fails to make each
payment when it is due, Seller reserves the right to withdraw credit and thereby suspend or
cancel performance under any or all purchase orders or agreements in which Seller has
extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs,
fees, and expenses including but not limited to recovery of attorney fees, court costs and fees,
and collections costs.
Delivery and Title:
The locations of shipment delivery will be made according to the Seller
and Buyer agreement. Title and risk of loss pass to the Buyer upon delivery of the Product to
