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TERMS & CONDITIONS
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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 backcharge, 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 material
or workmanship when used for the purpose and in the manner which Seller
recommends. If Seller 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 of 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 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 FOR A PARTICULAR
PURPOSE WHICH EXCEED SELLER’S AFORESTATED 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: (b)
have been subjected to misuse, negligence or accidents; (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 nonstandard products are not subject to
cancellation except on such terms as Seller may 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 paid by Buyer unless Buyer provides
Seller with an exemption certifcate acceptance 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) Buyer agrees 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,
workmanship furnished 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 at the time of the loss occurrence.
11. MINIMUM INVOICE:
Domestic: $100 plus transportation.
International: $500 plus transportation.
12. TERMS:
Cash, net 30 days unless otherwise specifed.
NOTE: All orders are accepted on the basis of prices in effect at the time of
shipment.
NOTICE: The prices and terms quoted, there will be added any manufacturers
or sales tax payable on the transaction under any effective statute.
FREIGHT ALLOWANCE: All prices are F.O.B. point of shipment. On shipments
weighing 2,500 pounds or more, rail freight or motor freight at the lowest
published rate, is allowed to all continental U.S. rail points or all U.S. highway
points listed in published tariffs (Alaska and Hawaii excluded). In no case will
more than actual freight be allowed. Shipments (weighing less than 2,500
pounds) will be shipped prepaid. The buyer will be invoiced for freight costs
at the applicable published class, exception or commodity rate(s) or charge(s).
Anvil reserves the right to select the carrier for all shipments.
GL-2.10