TC
17
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 Purchasers 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.
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 o change as
determined by shop loading if and when this quotation should be
realized as an actual sale. The Company shall no 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 nor cancel the order in whole or in part, without the written
approval and acceptance by the Company of such cancellation or
change. The 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, and or in actual
production of the order in the event of a cancellation. In the event
that Purchaser delays shipment of the equipment up the Company’s
notice to ship, the equipment shall be place in storage at the
Purchaser’s risk and expense, and transfer to storage shall
occasion shipment and the order shall be invoice as if shipped.
RETURNS AND RESTOCKING
Equipment may be returned to Lattner at 1411 9
th
Street SW, Cedar
Rapids, IA 52406, 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 the only if the
so 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, following the invoice 30 days time, and 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, art 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 even 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.
W01 - 17
.
The Company’s warranty shall be voiced 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 sole 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 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 the interpreted and construed in accordance
with the laws of the State of Iowa. The Courts in the State of the
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 hall be
binding up on and inure to the benefit of the Purchaser and the
Company and their respective heirs, successors, or assigns.
LATTNER BOILER COMPANY
Cedar Rapids, IA USA
