Order Acceptance: Seller reserves the right to accept or reject any order. Possession of a price list by Customer does not constitute an offer to sell.
Credit Approval: Customer credit approval is required prior to any shipments.
List Price: List prices are subject to change without notice at time of shipment.
Terms: No unauthorized deductions allowed. Finance charge terms: 1% per month on account. Over 30 days delinquent: 18% annual.
Mode of Shipment or Packaging: Seller reserves the right to ship orders in the most economical manner. However, where Customer requests special packaging or handling any additional cost will be billed to the customer.
Taxes: Any and all sales, Manufacturer's taxes and/or other charges levied or imposed by any government authority, foreign or domestic, upon any merchandise sold or contracted to be sold shall be paid by the customer and added to the purchase price unless satisfactory and appropriate tax exemption certificates are supplied to the seller.
Cancellations or Add-on: Cancellation or modification of orders must be consented to by the Manufacturer in writing since all orders are individually entered for processing immediately upon receipt. Seller must reserve the right to charge back to the customer costs incurred from cancellation of the order or change of the order or any item on the order. Seller also reserves the right to consider all order add-ons as separate and new orders subject to all terms and conditions.
Non-standard or Customer produced valves are in no case subject to Customer's cancellation once order has been entered.
Delivery: Customer is advised that quoted delivery dates or schedules are based on estimates at the time of quotation and that seller will devote its best efforts to meeting such schedules. However, Seller assumes no liability for additional cost or damages resulting from late deliveries.
Transfer of Ownership: Title merchandise passes at point of shipment. Claims for short or damaged merchandise should be made to carrier.
Damage, Loss or Shortage Claims: Common carrier or motor freight shipments must be inspected for damage, loss or shortage upon receipt by cosignee prior to acceptance from carrier. Any damage or loss claims must be made to the carrier. Seller will not be liable in any manner for damage or loss caused to a shipment by a common carrier. Shortage of material claims regardless of "mode of shipment" must be submitted in writing to seller within fifteen (15) days of invoice date. In the event of such claims customer shall be required to make timely payment to seller of any amount in which is undisputed or not subject to such claims.
Returned Materials: Non-standard, special or deleted items are not returnable. On standard items, customer must forward individual requests for authorization to return to the seller's national sales manager. Materials may not be returned without approval by the way of a Material Return Authorization (MRA) number issued by the appropriate seller personnel. Material returned without an authorization number will not be accepted at the plant. A restocking charge plus cost of shipment from seller to customer, if applicable, will be charged to the account of the customer. Repacking charges, if necessary, will be an additional 10% of item value. Return shipments must be prepaid by Customer. Seller's quality control department will, in its sole discretion, determine the acceptability of returned material on a stackable and resale able basis. Credit will be issued on resale able material only.
Force Majeure: Seller shall not be liable for any delays in making delivery where occasioned by strikes or differences with workmen by any causes beyond the control of the seller, such as but not limited to fires, floods, accidents, action of any governmental authority, or shortages of labor, energy, raw materials, production facilities or transportation. Where delays or failures of delivery are caused by labor difficulties, seller shall not be obligated to seek or obtain any settlement which, in seller's sole judgment, is not in seller's best interest.
Warranty: Seller's products are carefully inspected for manufacturing defects; however, it is not always possible to detect hidden defects. Said products are warranted only to the extent that seller will replace without charge. Products proved to have manufacturing defects within six (6) months of the date of delivery thereof and provided seller has been given an opportunity to inspect the product alleged to be defective and the installation or use thereof. No warranty is included against any expense for removal, reinstallation or other consequential damages of any nature arising from any defect. The warranties set out above are the only warranties made by the seller and are expressly in lieu of all other warranties, expressed or implied, including the warranties of merchantability and fitness for a particular purpose. All warranties implied by any course of dealing or usage between the parties are expressly excluded.