PRICES: The seller’s price quoted or specified by the seller for the Goods shall remain in effect for 15 days after the date of the seller’s quotation or acknowledgement of Buyer’s order for the Goods, whichever occurs first. All prices are exclusive of taxes, transportation and insurance. which are to be borne by the Buyer, unless otherwise specified in writing by the seller. All prices are subject to change without notice.
TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by the Buyer unless Buyer provides seller with an exemption certificate acceptable to the taxing authorities.
TERMS AND PAYMENT: Unless otherwise specified by the seller, terms are net thirty (30) days from date of invoice in the specified currency. The seller shall have the right, among other remedies, either to terminate the-agreement or to suspend further performance under this or other agreements with Buyer in the event the Buyer fails to make any payment when due.
SHIPMENTS: AII products are shipped F.O.B. point of shipment. Risk of loss shall transfer to the Buyer upon tender of ‘Goods to Buyer, Buyer’s representative, or common carrier. The cost of any special packaging or special handling caused by Buyer’s requirements or requests shall be added to the amount of the order. Claims for products damaged or lost in transit should be made by Buyer to the carrier, as Seller’s responsibility ceases upon tender of the goods to Buyer, Buyer’s representative or common carrier.
QUANTITY: Buyer agrees to accept plus or minus ten percent (+/- 10%) of the order on “made to order” goods, or stock goods.
RETURNS: Buyer may not return any product which the seller manufacturers without proper written authorization (RGA)” Credit issued for authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation charges. if not prepaid; and (c) handling and restocking charges.
EXCUSE OF PERFORMANCE: The Seller shall not be liable for delays in performance or for non-performance due to acts of God, acts of Buyer, war, flood. Terrorism, weather, sabotage, strikes, or labor disputes, civil disturbances, governmental requests, unavailability of or delay in transportation, default of suppliers, or unforeseen circumstances or any events or causes beyond Seller’s reasonable control.
WARRANTEE: The Seller Guarantees that said goods against original defects in material or workmanship for six months (6) from date of shipment. The Seller expressly disclaims any and all expressed or implied warranties concerning products without limitation. Under no circumstance, and in no event, will seller be liable for: personal injury or property damage and any other loss, damage, cost of repairs, or incidental, punitive, special, consequential, whether based upon warranty, contract, strict liability, negligence or any other cause of action arising in connection with the design, manufacture, sale, transportation, installation, use or repair of the product sold by the seller.
RECOMMENDATIONS BY SELLER: Buyer acknowledges that Seller does not make and specifically negates. renounces and disclaims any representations, warranties; and / or guarantees of any kind or character expressed or implied, with respect to (i) the products ‘sold, their use, design, application, their physical condition or their fitness for a particular purpose.. (ii) the engineering, design and fabrication work. The Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or rendering its services. Any recommendations made by the seller concerning use, design, application or operation of the products shall not be construed as representations or warranties, expressed or implied. Failure by the Seller to make recommendations or give advice to Buyer shall not impose and liability upon the Seller.