KMT STREAMLINE S50, Руководство по эксплуатации и обслуживанию

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EAST\44198159.2
KMT Waterjet Systems Inc. (LD-101) 07/2009
Terms and Conditions of Sale
1. General
The Terms and Conditions of Sale outlined herein shall apply
to the sale by KMT Waterjet Systems Inc. (hereinafter referred to
as Company) of products, equipment and parts relating thereto
(hereinafter referred to as Equipment). Unless prior written
agreement is reached, it shall be understood that the Company's
proceeding with any work shall be in accordance with the terms
and conditions outlined herein
The Company will comply with applicable laws and
regulations in effect on the date of the Company's proposal as they
may apply to the manufacture of the Equipment. Compliance with
any local governmental laws or regulations relating to the location,
use or operation of the Equipment, or its use in conjunction with
other equipment, shall be the sole responsibility of the Purchaser.
2. Title and Risk of Loss
Title and risk of loss or damage to the Equipment shall pass to
the Purchaser upon tender of delivery F.O.B. manufacturing facility
unless otherwise agreed upon by the parties, except that a security
interest in the Equipment shall remain in the Company, regardless
of mode of attachment to realty or other property, until full
payment has been made therefor. Purchaser agrees upon request to
do all things and acts necessary to perfect and maintain said
security interest and shall protect Company's interest by adequately
insuring the Equipment against loss or damage from any cause
wherein the Company shall be named as an additional insured.
3. Assignment
Neither party shall assign or transfer this contract without the
prior written consent of the other party. The Company however
shall be permitted to assign or transfer, without the prior written
consent of the Purchaser, the Company's right to receive all or any
portion of the payment due from the Purchaser under this contract.
4. Delivery and Delays
Delivery dates shall be interpreted as estimated and in no event
shall dates be construed as falling within the meaning of "time is of
the essence".
The Company shall not be liable for any loss or delay due to
war, riots, fire, flood, strikes or other labor difficulty, acts of civil
or military authority including governmental laws, orders, priorities
or regulations, acts of the Purchaser, embargo, car shortage,
damage or delay in transportation, inability to obtain necessary
labor or materials from usual sources, faulty forgings or castings, or
other causes beyond the reasonable control of the Company. In the
event of delay in performance due to any such cause, the date of
delivery or time for completion will be adjusted to reflect the actual
length of time lost by reason of such delay. The Purchaser's receipt
of Equipment shall constitute a waiver of any claims for delay.
5. Taxes
The price does not include any present or future Federal, State,
or local property, license, privilege, sales, use, excise, gross
receipts or other like taxes or assessments which may be applicable
to, measured by, imposed upon or result from this transaction or
any services performed in connection therewith. Such taxes will be
itemized separately to Purchaser, who shall make prompt payment
to the Company. The Company will accept a valid exemption
certificate from Purchaser, if applicable. If such exemption
certificate is not recognized by the governmental taxing authority
involved, Purchaser agrees to promptly reimburse the Company for
any taxes covered by such exemption certificate which the
Company is required to pay.
6. Set Offs
Neither Purchaser nor any affiliated company or assignee shall
have the right to claim compensation or to set off against any
amounts which become payable to the Company under this contract
or otherwise.
7. Patents
The Company shall defend any Suit or proceeding brought
against the Purchaser and shall pay any adverse judgment entered
therein so far as such suit or proceeding is based upon a claim that
the use of the Equipment manufactured by the Company, and
furnished under this contract constitutes infringement of any patent
of the United States of America, providing the Company is
promptly notified in writing and given authority, information and
assistance for defense of same; and the Company shall, at its
option, procure for the Purchaser the right to continue to use said
Equipment, or to modify it so that it becomes non-infringing, or to
replace the same with non-infringing equipment, or to remove said
Equipment and to refund the purchase price. The foregoing shall
not be construed to include any agreement by the Company to
accept any liability whatsoever in respect to patents for inventions
including more than the Equipment furnished hereunder or in
respect of patents for methods and processes to be carried Out with
the aid of said Equipment. The foregoing states the entire liability
of the Company with regard to patent infringement.
8. Warranty
The Company warrants that the Equipment manufactured by it
and delivered hereunder will be free of defects in material and
workmanship for a period of twenty four months from the date of
placing the Equipment in operation or thirty months from the date
of shipment, whichever shall first occur. The Purchaser shall be
obligated to promptly report any failure to conform to this
warranty, in writing to the Company within said period, whereupon
the Company shall, at its option, correct such nonconformity, by
suitable repair to such Equipment or, furnish a replacement part in
accordance with the following sentence, provided the Purchaser has
stored, installed, maintained and operated such Equipment in
accordance with good industry practices and has complied with
specific recommendations of the Company. The Company shall
pay for shipping costs of any such replacement part to the
Purchaser’s place of business via UPS Ground; provided that
should the Purchaser request special shipping instruction such as
exclusive use of shipping facilities, including air freight when
common carrier has been quoted and before a change to the order is
received by the Company, the additional charges will be honored
by the Purchaser. Accessories or equipment furnished by the
Company, but manufactured by others, shall carry whatever
warranty the manufacturers have conveyed to the Company and
which can be passed on to the Purchaser. The Company shall not
be liable for any repairs, replacements, or adjustments to the
Equipment or any costs of labor performed by the Purchaser or
others without the Company's prior written approval.
The effects of corrosion, erosion and normal wear and tear are
specifically excluded. Performance warranties are limited to those
specifically stated within the Company's proposal. Unless
responsibility for meeting such performance warranties are limited
to specified shop or field tests, the Company's obligation shall be to
correct in the manner and for the period of time provided above.
THE COMPANY MAKES NO OTHER WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER,
EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
DISCLAIMED.