STANDARD TERMS & CONDITIONS
LIMITATION ON QUOTATION
Unless otherwise stated in the quotation, the quotation will remain valid
for a period of thirty (30) days from the date hereof, at which time it will
automatically expire unless extended by a signed document issued by
the Company, from its headquarters in Cedar Rapids, IA.
EQUIPMENT SELECTION
The Purchaser’s selection of sizes, types, capacities, and specifications
and suitability thereof for the specific application shall be the unshared
responsibility of the Purchaser or Purchaser’s representative or
consultant.
PERMISSABLE VARIATIONS, STANDARDS, AND TOLERANCES
Except in the particulars specified by the Purchaser and expressly
agreed to in writing by the Company, all materials shall be produced in
accordance with the Company’s standard practices. The Company
reserves the right to deviate from tolerances and variations in the
equipment without notice, provided that the substitute part(s) or
deviation(s) are consistent with the usage and performance of the
product.
PRICES
Unless defined otherwise in the quotation, prices are F.O.B. Cedar
Rapids, IA USA, exclusive of freight, storage, off-loading, installation,
service, start-up, extended warranty or local delivery charges, if any.
TAXES
Purchaser shall be liable for all Federal, State, and local taxes with
respect to the purchase of the equipment proposed, unless exclusively
exempted from any taxes and proof thereof is on file with the Company.
PAYMENT
Purchaser shall pay with US funds, the full amount of the invoiced
purchase price within thirty (30) days of the Company’s invoice, whether
the equipment has shipped or has been delayed through no fault of the
Company and subject to approved credit. Beginning thirty (30) days after
the invoice date, Purchaser shall pay a late payment charge of two
percent (2%) per month, which is an annual rate of 24%, on any unpaid
portion of the purchase price. The Company reserves the right to revoke
or modify these credit terms.
SHIPMENT
Any shipping date shown in the body of the quotation or order
acknowledgement, represents the Company’s approximated schedule as
of the date of the quotation, and is subject to change as determined by
shop loading if and when this quotation should be realized as an actual
sale. The Company shall not incur any liability of any kind for failure to
ship on any particular date unless a firm shipping date has been
expressly agreed to by an officer of the Company, in a separate written
document.
CANCELLATION AND DELAYS
Subsequent to the receipt of Purchaser’s Purchase Order and the
Company’s issued order acknowledgement, the Purchaser may not
change or cancel the order in whole or in part without the written
approval and acceptance by the Company of such cancellation or
change. The Company may condition its approval of a change or
cancellation upon a price change to reflect the Company’s cost to
implement the change, or to offset costs incurred by the Company in
order preparation, engineering, purchasing, or in actual production of the
order. In the event that the Purchaser delays shipment of the equipment
upon the Company’s notice to ship, the equipment shall be placed in
storage at the Purchaser’s risk and expense, and shall be invoiced as if
shipped.
RETURNS AND RESTOCKING
Equipment may be returned to Lattner at 1411 9
th
Street SW, Cedar
Rapids, IA 52404, only upon prior written authorization of the Company.
Consent, if given, will be upon the condition the Purchaser assumes all
carrier charges, responsibility for damages in transit, and a minimum
15% restocking charge, and only if the authorized material is in new and
unused condition and returned within one year from original date of
shipment. The credit will be based on the original invoice price or the
current price; whichever is lower, less the applicable restocking charge.
SECURITY INTEREST
For the purposes of securing payment, the Company may issue a lien on
the equipment, for past due accounts, until such time that payment has
been received in full. Upon receipt of payment in full, the Company will
rescind the lien.
FORCE MAJEURE
In no event shall the Company be liable for loss or damage resulting
from any delay or failure to ship or other failure, loss, or damage that is
the proximate result of any act of government authority, revolution, riot,
civil disorder, act of war, delay or default in transportation, inability to
obtain materials or facilities from normal sources, fire, flood, act of God,
or any cause not within the reasonable control of the Company. The
Company may, without causing a breach or incurring liability, allocate
goods which are in short supply irrespective of the reasons therefore
among customers in any manner which the Company in its sole
discretion deems advisable. If an event occurs that is beyond the control
of the Company, and that event delays the Company’s performance and
causes its cost of production to increase because of the delay, the
Company may pass such increased cost(s) on to the Purchaser.
DAMAGE LIMITATION
Under no circumstance shall the Company be held liable for any loss of
profits, down time, or any incidental or consequential damages of any
kind with respect to its products or the transaction by which its products
are sold.
WARRANTY AND PERFORMANCE
Products shall be warranted in accordance with the Company’s standard
warranty statement, form No. 2-98-R06. The Company’s warranty shall
be voided by any abuse, misuse, neglect, unauthorized modification or
service, lack of maintenance and service, or use not in accordance with
the Company’s instructions. Warranty shall also be voided if water
treatment has not been provided or by improper start-up of the
equipment. The Company’s warranty statement and this paragraph
contain the Company’s sole warranty and the Company makes no
implied warranty, and there is no implied warranty of merchantability or
fitness for any particular purpose.
SERVICE
Unless otherwise noted herein, the cost of the equipment does not
include service or installation. All services performed by the Company
are subject to the Purchaser’s payment of the Company’s prevailing
charges plus necessary travel and living expenses. Whenever service is
quoted, please refer to Lattner’s Service Policy for specific details.
EXCLUSION OF OTHER TERMS
This constitutes an offer on behalf of Lattner Boiler Manufacturing (the
Company); to sell the goods described in the quotation, exclusively on
the terms and conditions stated. Acceptance of this by the Purchaser is
hereby expressly limited to these Terms and Conditions and shall be
applicable to any order issued by the Purchaser unless other terms have
been agreed to in a written document issued by the Company.
GOVERNING LAW
The transaction with respect to the goods, which are subject hereof, shall
be governed by, interpreted, and construed in accordance with the laws
of the State of Iowa. The Courts in the State of Iowa will have the sole
jurisdiction over any claim arising under this contract of sale.
ASSIGNMENT
All sales as evidenced by the Company’s acknowledgement shall be
binding upon and insure to the benefit of the Purchaser and the
Company and their respective heirs, successors, or assigns.
LATTNER BOILER COMPANY
Cedar Rapids, IA USA
TC06
