Dake Corporation
1809 Industrial Park Dr
Grand Haven, MI 49417
974355-2
5
REV032023
DAKE STANDARD TERMS & CONDITIONS OF SALE
All proposals and quotations for the original sale of our products are subject to the following terms and conditions:
ACCEPTANCE OF ORDER
: All orders are subject to acceptance by Dake at its main office in Grand Haven,
Michigan.
APPLICABLE LAWS
: This quotation or acceptance shall be governed in all respects by the laws of the State of
Michigan.
CANCELLATION
: We reserve the right to cancel and/or refuse to complete your order if, in our opinion, you have
not established credit to promptly meet the payment terms of your order. Any cancellation from the Purchaser may
be subject to a 10% cancellation fee for any of our non-standard machinery upon the discretion of Dake. All custom
or special quotes will not be eligible for cancellation, nor returns.
DELIVERY
: The proposed shipment date is an estimate and is contingent upon causes beyond Dake’s control.
Under no circumstances shall Dake have any liability for loss of use or for any direct or consequential damages
resulting from delay. All shipments from the Dake facilities are F.O.B.
FREIGHT CLAIM:
Damage freight claims must be submitted to Dake within thirty (30) days of shipment from
Dake’s facility. If shipment for order was set up by the Purchaser, Dake is not liable to handle the freight claims.
PERMITS AND COMPLIANCE
: Dake shall not be responsible for obtaining any permits, inspections, certifications,
or licenses required for the installation or use of the equipment. Dake makes no promise or representation that the
equipment or any services to be furnished by Dake will conform to any federal, state, or local laws, ordinances,
regulations, codes or standards.
PRICES:
Unless otherwise agreed to in writing, all prices are F.O.B. our plant in Grand Haven, Michigan and
Grand Prairie, Texas. In any event, the quoted prices for component parts become invalid ten (10) days after date
of quotation, and machinery may become invalid sixty (60) days after date of quotation. Unless otherwise specified
in Dake’s quotation, installation services and final on-site adjustments are not included in the quotation.
TAXES
: Prices do not include taxes. If any sales, use or similar tax is payable to Dake in connection with any
transaction or part thereof between the Purchaser and Dake with respect to goods delivered, the Purchaser will,
upon demand, pay to Dake the amount of any such tax. If you are tax exempt, please include your exemption
document when submitting your order.
TERMS OF PAYMENT:
Terms of payment are as stated in Dake’s quotation subject to credit approval by our home
office. Dake will invoice Purchaser when the equipment is completed and ready for shipment. Payment terms run
from invoice date. Purchaser may be required to issue a down payment before production of order and shipment, at
the discretion of Dake Accounting. For credit card purchases, a 3.5% processing fee may be applicable to the
order. The following states are exempt from the 3.5% processing fee: CA, CO, KS, OK, TX, FL, NY, CT, MA, and
ME. Dake’s preferred method of payment is as follows: ACH Wire and credit card. Checks will be accepted but may
cause delay in order processing. Below is our billing address:
1809 Industrial Park Drive, Grand Haven, MI 49417
WARRANTY
If, within a period of one (1) year from date of shipment, any part of any equipment sold by Dake is defective in
material or workmanship and is so found after inspection by Dake, it will be replaced or repaired at the option of Dake, providing
the equipment has been given normal and proper usage and is still the property of the original Purchaser. Purchased
components such as Micro Drop mist system or the like, installed as a part of Dake equipment are warranted only to the extent
of the original Manufacturer’s warranty. Dake is not responsible for any service work performed unless authorized in advance.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER
WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE). UNDER NO CIRCUMSTANCES SHALL DAKE BE LIABLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
