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Conditions and Terms of Sale
1. CONTROLLING PROVISIONS: These terms and conditions shall control
with respect to any purchase order or sale of Seller’s products. No
waiver, alteration or modifcation of these terms and conditions whether
on Buyer’s purchase order or otherwise shall be valid unless the waiver,
alteration or modifcation is specifcally accepted in writing and signed
by an authorized representative of Seller.
2. DELIVERY: Seller will make every effort to complete delivery of products
as indicated on Seller’s acceptance of an order, but Seller assumes no
responsibility or liability, and will accept no back-charge, for loss or
damage due to delay or inability to deliver caused by acts of God, war,
labor diffculties, accident, delays of carriers, by contractors or suppliers,
inability to obtain materials, shortages of fuel and energy, or any other
causes of any kind whatever beyond the control of Seller. Seller may
terminate any contract of sale of its products without liability of any
nature, by written notice to Buyer, in the event that the delay in delivery
or performance resulting from any of the aforesaid causes shall continue
for a period of sixty (60) days. Under no circumstances shall Seller be
liable for any special or consequential damages or for loss, damage,
or expense (whether or not based on negligence) directly or indirectly
arising from delays or failure to give notice of delay.
3. WARRANTY: Seller warrants for one year from the date of shipment
Seller’s manufactured products to the extent that Seller will replace
those having defects in materials or workmanship when used for
the purpose and in the manner which Seller recommends. If Seller’s
examination shall disclose to its satisfaction that the products are
defective, and an adjustment is required, the amount of such adjustment
shall not exceed the net sales price of the defective products only and
no allowance will be made for labor or expense of repairing or replacing
defective products or workmanship or damage resulting from the same.
Seller warrants the products which it sells of other manufacturers
to the extent of the warranties of their respective makers. Where
engineering design or fabrication work is supplied, buyer’s acceptance
of Seller’s design or of delivery of work shall relieve Seller of all further
obligation, other than as expressed in Seller’s product warranty. THIS
IS SELLER’S SOLE WARRANTY. SELLER MAKES NO OTHER WARRANTY
OF ANY KIND, EXPRESSED OR IMPLIED: and ALL IMPLIED WARRANTIES
OF MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE
WHICH EXCEED SELLER’S AFORE STATED OBLIGATION ARE HEREBY
DISCLAIMED BY SELLER and EXCLUDED FROM THIS WARRANTY. Seller
neither assumes, nor authorizes any person to assume for it, any
other obligation in connection with the sale of its engineering designs
or products. This warranty shall not apply to any products or parts of
products which (a) have been repaired or altered outside of Seller’s
factory, in any manner; or (b) have been subjected to misuse, negligence
or accidents; or (c) have been used in a manner contrary to Seller’s
instructions or recommendations. Seller shall not be responsible for
design errors due to inaccurate or incomplete information supplied by
Buyer or its representatives.
4. SELLER’S LIABILITY: Seller will not be liable for any loss, damage, cost
of repairs, incidental or consequential damages of any kind, whether
based upon warranty (except for the obligation accepted by Seller under
“Warranty” above), contract or negligence arising in connection with
the design, manufacture, sale, use or repair of the products or of the
engineering designs supplied to Buyer.
5. RETURNS: Seller cannot accept return of any products unless its written
permission has been frst obtained, in which case same will be credited
subject to the following: (a) All material returned must, on its arrival at
Seller’s plant, be found to be in frst-class condition; if not, cost of putting
in saleable condition will be deducted from credit memoranda. (b) A
handling charge deduction of twenty percent (20%) will be made from
all credit memoranda issued for material returned. (c) Transportation
charges, if not prepaid, will be deducted from credit memoranda.
6. SHIPMENTS: All products sent out will be carefully examined, counted
and packed. The cost of any special packing or special handling caused
by Buyer’s requirements or requests shall be added to the amount of
the order. No claim for shortages will be allowed unless made in writing
within ten (10) days of receipt of a shipment. Claims for products
damaged or lost in transit should be made on the carrier, as Seller’s
responsibility ceases, and title passes, on delivery to the carrier.
7. SPECIAL PRODUCTS: Orders covering special or non-standard products
are not subject to cancellation except on such terms as Seller many
specify on application.
8. PRICES and DESIGNS: Prices and designs are subject to change without
notice. All prices are F.O.B. Point of Shipment, unless otherwise stated.
9. TAXES: The amount of any sales, excise or other taxes, if any, applicable
to the products covered by this order, shall be added to the purchase
price and shall be paid by Buyer unless Buyer provides Seller with an
exemption certifcate acceptable to the taxing authorities.
10. NUCLEAR PLANTS: Where the products, engineering design or
fabrication is for nuclear plant applications, Buyer agrees: (a) to take
all necessary steps to add Seller as an insured under the American
Nuclear Insurers’ (ANI) pool and under the Mutual Atomic Energy
Reinsurance Pool (MAERP) for property damage and liability insurance
and if necessary steps could have been taken, but are not taken, Buyer
shall hold Seller harmless against all such losses which could have been
thus covered, (b) to hold Seller harmless with respect to any personal
injury (or death), property damage or other loss in a nuclear incident
which is caused directly or indirectly by defective design, material, or
workmanship furnished by Seller and which is covered by insurance
maintained by Buyer (or which could be so covered but with respect
to which Buyer has elected to self-insure), and further agrees to waive
subrogation by its carriers of such insurance against Seller, and (c) as to
nuclear hazards for which Buyer cannot obtain insurance coverage, the
liability of Seller for any personal injury (or death), property damage or
other loss directly caused by defective design, material, or workmanship
furnished by Seller shall not exceed the value of the material furnished
by Seller at the time of the loss occurrence.
11. MINIMUM INVOICE: $25.00 plus transportation.
12. TERMS: Cash, net 30 days unless otherwise specifed.