Neither the Seller nor the Purchaser shall be liable in damages or otherwise, for any delays, or inability to perform this contract due to force majeure, fire, public enemy, accidents at the factory, delays in transportation, delays in procuring materials due to delay or inability on the part of material suppliers, strikes, or labor disputes in the Seller’s factories or in the factories from which materials are ordered for the work covered by this agreement, or in any locality where the work is to be done, or any Governmental Order or regulation hindering or rendering impossible the performance of the work in whole or in part covered by this agreement, or any other contingency beyond the control of the Seller or Purchaser.
No Federal, State, or Local sales, use, excise, or other tax based on the sale or purchase of materials under our agreement is included in the pricing received.
Title Of Equipment
Title to the equipment being sold hereunder will pass to the Purchaser upon delivery to the common carrier at the point of origin.
Payment is due prior to shipment, unless previous arrangements have been made.
Should the Purchaser fail to make any payment when due, and such failure continues for a period of sixty (60) days, it is agreed that interest at the rate of 1-1/2% per month on the overdue payment shall be added to the amount due, to be paid by the Purchaser.
Should Purchaser delay the work by failure to furnish necessary information or approval of drawings to the Seller, the period of such delay shall be added to the Seller’s time for shipment.
The Seller hereby warrants the product for its normal use and service for a period of one (1) year, ninety (90) days in the case of electrical and electrical products, from the date of shipment. The Seller’s obligation under this warranty is limited to repairing, or at its option, replacing the part or the complete unit without cost to the Purchaser within a reasonable time after the receipt of written notice as to such defect, and which its examination shall disclose to its satisfaction to have been defective. This warranty extends only to the original Purchaser of new equipment and shall be void if the product is repaired or tampered with in any manner other than the dealer’s authorized service personnel. If is agreed by and between the parties that the Seller is not an insurer; that the payment heretofore named is based solely on the value of the equipment and services provided herein; that, from the nature of the equipment and services to be rendered, it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from a failure on the part of either the Seller or its equipment to perform any of its intended functions. Seller’s liability hereunder shall be limited to and fixed at not more than $500.00 per product unit, or 10% of the product price, whichever is greater, and the Seller shall not be liable for any loss or damage sustained through burglary, theft, robbery, fire, or any other special, indirect or consequential damages. Such liability as above set forth is fixed as liquidated damages and not as penalty and this liability shall be complete and exclusive.
Should Purchaser elect to alter any part or all of the equipment requirements as specified in this agreement within sixty (60) days of the Purchaser’s requested delivery date, restocking charges will be assessed as follow: 75% of custom products; 25% of all other products.
It is the Purchaser’s obligation to file claims with the carrier for damages or lost shipments.