Page 74 - FluoropolymerHoseCatalog5162F

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1. Terms and Conditions. Seller’s willingness to offer
Products, or accept an order for Products, to or from Buyer is
expressly conditioned on Buyer’s assent to these Terms and
Conditions and to the terms and conditions found on-line at
www.parker.com/saleterms/. Seller objects to any contrary
or additional term or condition of Buyer’s order or any other
document issued by Buyer.
2. Price Adjustments; Payments. Prices stated on the reverse
side or preceding pages of this document are valid for 30 days.
After 30 days, Seller may change prices to refect any increase
in its costs resulting from state, federal or local legislation,
price increases from its suppliers, or any change in the rate,
charge, or classifcation of any carrier. The prices stated on the
reverse or preceding pages of this document do not include any
sales, use, or other taxes unless so stated specifcally. Unless
otherwise specifed by Seller, all prices are F.O.B. Seller’s
facility, and payment is due 30 days from the date of invoice.
After 30 days, Buyer shall pay interest on any unpaid invoices
at the rate of 1.5% per month or the maximum allowable rate
under applicable law.
3. Delivery Dates; Title and Risk; Shipment. All delivery
dates are approximate and Seller shall not be responsible
for any damages resulting from any delay. Regardless of the
manner of shipment, title to any products and risk of loss
or damage shall pass to Buyer upon tender to the carrier at
Seller’s facility (i.e., when it’s on the truck, it’s yours). Unless
otherwise stated, Seller may exercise its judgment in choosing
the carrier and means of delivery. No deferment of shipment
at Buyers’ request beyond the respective dates indicated will
be made except on terms that will indemnify, defend and
hold Seller harmless against all loss and additional expense.
Buyer shall be responsible for any additional shipping charges
incurred by Seller due to Buyer’s changes in shipping, product
specifcations or in accordance with Section 13, herein.
4. Warranty. Seller warrants that the Products sold hereunder
shall be free from defects in material or workmanship for a
period of twelve months from the date of delivery to Buyer
or 2,000 hours of normal use, whichever occurs frst. This
warranty is made only to Buyer and does not extend to
anyone to whom Products are sold after purchased from
Seller. The prices charged for Seller’s products are based
upon the exclusive limited warranty stated above, and upon
the following disclaimer: DISCLAIMER OF WARRANTY: THIS
WARRANTY COMPRISES THE SOLE AND ENTIRE WARRANTY
PERTAINING TO PRODUCTS PROVIDED HEREUNDER. SELLER
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.
5. Claims; Commencement of Actions. Buyer shall promptly
inspect all Products upon delivery. No claims for shortages
will be allowed unless reported to the Seller within 10 days of
delivery. No other claims against Seller will be allowed unless
asserted in writing within 60 days after delivery or, in the case
of an alleged breach of warranty, within 30 days after the date
within the warranty period on which the defect is or should
have been discovered by Buyer. Any action based upon breach
of this agreement or upon any other claim arising out of this
sale (other than an action by Seller for any amount due to Seller
from Buyer) must be commenced within thirteen months from
the date of tender of delivery by Seller or, for a cause of action
based upon an alleged breach of warranty, within thirteen
months from the date within the warranty period on which the
defect is or should have been discovered by Buyer.
6. LIMITATION OF LIABILITY. UPON NOTIFICATION, SELLER WILL,
AT ITS OPTION, REPAIR OR REPLACE A DEFECTIVE PRODUCT, OR REFUND THE
PURCHASE PRICE. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF, OR AS THE RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING,
USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR
ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S
WRITTEN CONSENT, EVEN IF SELLER HAS BEEN NEGLIGENT, WHETHER IN
CONTRACT, TORT OR OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER’S
LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE
OF THE PRODUCTS.
7. Contingencies. Seller shall not be liable for any default or
delay in performance if caused by circumstances beyond the
reasonable control of Seller.
8. User Responsibility. The user, through its own analysis and
testing, is solely responsible for making the fnal selection of
the system and Product and assuring that all performance,
endurance, maintenance, safety and warning requirements
of the application are met. The user must analyze all aspects
of the application and follow applicable industry standards
and Product information. If Seller provides Product or system
options, the user is responsible for determining that such data
and specifcations are suitable and suffcient for all applications
and reasonably foreseeable uses of the Products or systems.
9. Loss to Buyer’s Property. Any designs, tools, patterns,
materials, drawings, confdential information or equipment
furnished by Buyer or any other items which become Buyer’s
property, may be considered obsolete and may be destroyed by
Seller after two consecutive years have elapsed without Buyer
placinganorder for theitemswhicharemanufacturedusingsuch
property. Seller shall not be responsible for any loss or damage
to such property while it is in Seller’s possession or control.
10. Special Tooling. A tooling charge may be imposed for
any special tooling, including without limitation, dies, fxtures,
molds and patterns, acquired to manufacture Products. Such
OFFER OF SALE
The items described in this document and other documents and descriptions provided by Parker HannifnCorporation,
its subsidiaries and its authorized distributors (“Seller”) are hereby offered for sale at prices to be established by
Seller. This offer and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and
Conditions. Buyer’s order for any item described in its document, when communicated to Seller verbally, or in
writing, shall constitute acceptance of this offer. All goods or work described will be referred to as “Products”.