Vilter VSM 71-701, Руководство по эксплуатации и обслуживанию

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Exclusivity. Seller’s acceptance of Buyer’s order is expressly conditional upon Buyer’s agreement to these terms and
conditions. All inconsistent or additional terms, modifications, or changes are deemed material, are expressly rejected,
and do not form a part of this Agreement unless Seller agrees to such terms in writing.
Home Office Approval. Buyer understands that no agent of Seller is authorized to execute this Agreement or bind
Seller unless this Agreement and any purported change are signed by a home office Officer of Seller.
Prices and Payments. Prices are exclusive of taxes and may be modified at any time prior to Seller receiving Buyer’s
binding order. Upon acceptance, prices are firm for only three months and subject to reasonable escalation. Unless
agreed otherwise in writing, all payments are due in full upon receipt of order or Vilter’s receipt of an acceptable letter
of credit. All overdue amounts will incur finances charge of the lesser of (a) 1 ½ % per month and (b) the maximum
allowed by law.
Export Transactions. If the products provided under this Agreement are to be shipped or used outside of the United
States, then the following terms apply unless otherwise agreed by Seller in writing: (1) Buyer shall be responsible for
all export and import scheduling and financial arrangements, (2) Buyer shall be responsible for compliance with all
export and import laws and shall comply, and shall cause its agents to comply, with the Foreign Corrupt Practices Act,
(3) the United Nations Convention on the International Sale of Goods shall not apply or govern the transaction, (4)
Buyer accepts all responsibility for the products complying with any non-United States based laws, regulations, and
other legal requirements, and (5) Seller shall be entitled to condition any shipment upon Buyer obtaining an acceptable
Letter of Credit in Seller’s favor confirmed at a United States based bank of Seller’s choosing.
Delivery. Seller shall not be liable for delivery delays beyond its control, including delays caused by its suppliers. All
delivery dates and rates of production statements are merely good faith estimates. Unless otherwise stated on Seller’s
Order Acknowledgment, all shipments are F.O.B. Seller’s factory. Seller reserves the rights to make installment
deliveries.
Warranties. Seller warrants the products it manufactures to be free from defects in material and workmanship for a
period of eighteen (18) months from the date of shipment from Seller’s manufacturing plant or twelve (12) months
from date of installation at the initial end users location, whichever occurs first. In addition, Seller provides the
following extended warranties: (a) three (3) years from the date of shipment on single screw compressor internal
rotating parts, (b) two (2) years from the date of shipment on reciprocating compressors and single screw and recipro-
cating compressor parts, and (c) two (2) years on all other parts on a single screw compressor unit. Such warranties do
not apply to ordinary wear and tear. Seller does not warrant that the product complies with any particular law or
regulation not explicitly set forth in the specifications, and Buyer is responsible for ensuring that the product contains
all features necessary to safely perform in Buyer’s and its customer’s plants and operations. Buyer must notify Seller
of any warranty claim within ten (10) days after such claim arises, otherwise Buyer waives all rights to such claim.
Products supplied by Seller which are manufactured by others are not warranted by Seller, but rather Seller merely
passes through the manufacturer’s warranty to Buyer.
SELLER EXPRESSLY DISCLAIMS ALL OTHER WAR-
RANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Unless otherwise agreed in writing, Buyer’s
sole remedy for breach of warranty is, at Seller’s option, the repair of the defect, the correction of the service, or the
providing a replacement part FOB Seller’s office. Seller will not be responsible for costs of dismantling, lost refriger-
ant, reassembling, or transporting the product. Further, Seller will not be liable for any other direct, indirect, conse-
quential, incidental, or special damages arising out of a breach of warranty.
THESE WARRANTY REMEDIES
ARE EXCLUSIVE, AND ALL OTHER WARRANTY REMEDIES ARE EXCLUDED.
EXPORT TERMS and
CONDITIONS