1.21
“System Manual” means the operative and instruction guide supplied to Buyer by Seller with the shipment of the System, which addresses the
overall System, and may or may not address each separate device, component or Subsystem within the System
2.
The System.
2.1
Purchase and Supply. Seller will sell the System and/or Accessory Products to Buyer under the terms and conditions set forth in this
Agreement.
2.2
Specifications. The System will be manufactured by Seller according to the Specifications. The Proposal will include a Quote for each component
of the System. If the Buyer does not provide specifications prior to the Quotation process, the Default Specifications will apply. All specifications
supplied by Buyer are subject to (a) MFT’s written approval and (b) signature by a MFT-authorized representative.
2.3
Packing. Unless otherwise specified in this Agreement or Buyer’s Order, the System and/or all Accessory Products are to be packed and identified
in accordance with customary industry practice. Seller shall mark each container with necessary lifting, loading and shipping information,
including the applicable purchase order number, date of shipment, and the name and address of Seller and Buyer.
3.
Assent to Terms and Conditions of Agreement. Unless otherwise indicated, Seller’s Proposal will expire thirty (30) days following the date the
Proposal is transmitted to Buyer. Seller’s Proposal is not binding upon Seller until Buyer’s Order is accepted in writing by Seller on an Order
Acknowledgement Form. Buyer’s Order must be submitted within the time frames provided herein.
4.
Price, Price Adjustment & Additional Charges.
4.1
Price. The purchase price for the System will be set forth in the Quote. The pricing of Accessory Products is subject to change from time to
time.
4.2
Price Adjustment. The purchase price in the Quote may be increased to reflect increases in the cost of materials or labor, if:
4.2.1
Shipment of the System is scheduled for a date that is more than three (3) months after the date of Buyer’s Order;
4.2.2
Shipment of the System is delayed by Buyer to a date that is more than three (3) months after the date of Buyer’s Order; or
4.2.3
Shipment of the System is accelerated due to an accelerated Production Schedule Date.
4.3
Delivery, Risk of Loss and Title. The System will be delivered f.o.b. Seller’s Minnesota facility. Buyer will pay all packaging, handling and
freight to Buyer’s destination. Risk of loss or damage to the System passes to Buyer at the time of delivery to the carrier. Seller will purchase
shipping insurance at Buyer’s request and at Buyer’s expense. Transfer of title is not deemed to occur until payment in full has been
received by Seller. Shipment dates are Seller’s best estimate of when product(s) will be shipped or delivered, but the Shipment Date is not
guaranteed.
4.4
Taxes. Buyer will pay all duties and taxes including sales, use, property, excise, value added and gross receipts taxes levied on the System
or Accessory Products. Seller will not collect an otherwise applicable tax if Buyer’s purchase is exempt from Seller’s collection of such tax
and a valid tax exemption certificate is furnished by Buyer to Seller.
4.5
Cancellation of Orders. Following Seller’s acceptance of Buyer’s Order, the Order can be cancelled only with Seller’s written consent. A
minimum cancellation charge of 35% of the purchase price of the System or Accessory Products will be assessed and will vary according to
the date on which the cancellation occurs in the Production Schedule, the quantity of work and materials that are salvageable, the degree to
which the System is custom-designed, and other factors in MFT’s sole discretion.
4.6
Additional Charges. Additional work completed or time consumed by reason of Buyer’s alterations or delays caused by Buyer, will be charged
to Buyer at Seller’s current price for work or material at the time of such alterations, changes, or delays.
[ 79 ]
Setup
Maintenance
Terminology
Safety
Introduction
Terms/Conditions
Содержание MFT 102hsm
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