Terms Of Service

Acceptance and Contract SELLER'S ACCEPTANCE OF THIS ORDER IS EXPRESSLY CONDITIONED UPON BUYER'S ACCEPTANCE OF ALL TERMS AND CONDITIONS HEREOF. The terms and conditions hereof shall constitute the binding contract between Seller and Buyer concerning the goods sold hereunder. Neither party shall claim any amendment, modification, waiver or release from any of the provisions hereof unless the same is in writing and signed by both Buyer and Seller.

Selling Terms All goods sold hereunder are sold f.o.b. Seller's plant unless otherwise specifically stated herein. Risk of loss of the goods shall pass to Buyer at Seller's plant. Payment of all freight charges shall be the responsibility of Buyer. All claims for shipping loss or damage are Buyer's responsibility. Seller will render Buyer reasonable assistance in tendering such claims to the carrier. Taxes are excluded from the prices unless otherwise specifically stated herein.

Waiver All claims relating to quantity or shipping errors shall be waived by Buyer unless made in writing to Seller within thirty (30) days after receipt of such goods at Buyer's place of business. Failure to give such notice shall constitute unqualified acceptance of the goods by Buyer.

Limited Warranty. Seller warrants to the Buyer, that all goods sold hereunder manufactured by Seller shall be free from defects in material and workmanship for one (1) year from the date of sale under normal use and service. Seller's obligation under this warranty is limited to repairing or replacing, at its factory, any parts which are returned to Seller within said warranty period, freight prepaid, and which upon examination prove to be defective. This warranty shall not apply to any goods which have been installed, altered or repaired by any person not expressly authorized by Seller in writing to do so, or to any goods which have been subject to misuse, negligence or accident.

THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE NOR IS THERE ANY OTHER WARRANTY, EXPRESS OR IMPLIED EXCEPT AS SPECIFICALLY STATED HEREIN.

Limitation of Liability. SELLER SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR CLAIMS OF ANY THIRD PARTY AGAINST BUYER. Seller's liability to Buyer shall be limited in all cases to that set forth in paragraph 4, above.

Force Majeure. Seller shall not be responsible for any failure of or delay in performance hereunder if due to any cause beyond the reasonable control of Seller.

Returns. No goods sold hereunder may be returned to Seller for credit or exchange without Seller's prior written approval. Buyer must prepay transportation charges on all goods so returned.