Terms and Conditions of Sale*
CONTRACT
Any acceptance by the Company of the Buyer's order is
expressly made, conditional on the Buyer's assent to
any additional or different terms than contained herein
or set forth on the Company's order acknowledgment or
elsewhere.
All
orders
are
received
subject
to
acceptance and may be accepted only at the Company's
headquarters at Troy, Ohio, Hayward, California or
Lyman, S.C.
TAXES
The Company's prices do not include any applicable
sales, use, excise or similar taxes; and the amount of
any such tax which the Company may be required to
pay or collect will be added to each Invoice unless the
Buyer has furnished the Company with an appropriate to
exemption certificate.
TERMS
Terms are cash net 30 days. Amounts past due are
subject to a service charge of 2% per month (or fraction
thereof). If the Company deems that, by reason of the
financial condition of the Buyer or otherwise, the
continuance of production or shipment on the terms
specified herein Is not justified, the Company may
requite full or partial payment In advance.
DELIVERY
Any indicated dates of delivery are approximately only,
but-the Company will attempt to meet them where
possible. The Company shall not be liable for delays In
manufacturing or delivery or failure to manufacture or
deliver due to any event In the nature of force majeure
or any cause beyond the Company's reasonable control.
The Company will not be bound by any penalty clause
contained in any specification or order submitted by the
Buyer unless such clause is specifically agreed to in
writing by the Company.
SHIPPING CHARGES
Shipments are F.O.B. Factory. Freight will be collect.
Freight prepaid and billed as a separate item on the
product Invoice can be made upon request.
PACKING
The Company makes no charge for Its standard packing
for domestic shipment. The Buyer will be charged for
export packing or other special packing required.
PRODUCT WARRANTY
The Company warrants all its' products against defects
In material and workmanship for a period of 4000
operating hours or for a period not to exceed two years
from date of shipment, whichever comes first. Parts
subject to replacement due to operational wear and tear,
viz. Varigear belts, Varimot traction elements and gear
unit oil seal assemblies are not covered by this
extended warranty. - This warranty is In effect provided:
(a)
the Buyer notifies the Company in writing of the
alleged defect immediately after It becomes
known to the Buyer and (b) no alterations,
repairs or services have been performed by the
Buyer or third parties on the equip ment without
the written approval of the Company. The
Company's obligation under this warranty is
limited to the replacement FOB Factory of any
part or parts found by the Company to be
defective in materials or workmanship.
This warranty does not cover damage or defect
due to normal wear and tear, misuse, alteration,
neglect or accident or use of the equipment
above rated capacity. The Company shall In no
event be liable to the Buyer under this warranty
or otherwise, for claims, expenditures or losses
arising
from
operational
delays
or
work
stoppages or damage to property caused by
defective
equipment,
or
for
consequential
damages of any nature whatsoever.
THIS WARRANTY IS IN LIEU OF ALL OTHER
EXPRESSED
OR
IMPLIED
WARRANTIES,
INCLUDING
ANY
IMPLIED
WARRANTY
OF
MERCHANTABILITY
OR
FITNESS
FOR
ANY
PARTICULAR PURPOSE.
PRODUCT SAFETY
Company products are designed and manufactured to
high quality Industrial standards. No geared unit is fail-
safe within Itself however. When risk to person or
property may be involved, a fall-safe device should be
an integral part of the driven equipment.
INDEMNITY
The Company agrees to Indemnify the Buyer and hold It
harmless from and against any direct damage suffered
or liability incurred on account of bodily injury to persons
(including death) or damage or destruction of property
whenever such loss or liability is directly due to bodily
injury (including death) to any person or damage to any
property occurring In the course of, and caused by the
act or omission of the Company In the performance of
any work on the premises of Buyer hereunder. This
Indemnity shall Include attorneys fees and settlements
of claim or suit reasonable under the circumstances.
REGULATORY LAWS AND/OR STANDARDS
The Company makes no promise or representation that
Its products will conform to any federal, state or local
laws, ordinances, regulations, codes or standards,
except as otherwise specified and agreed upon In
writing as a part, of the contract between Buyer and the
Company. The Companys prices do not Include the
cost of any related inspections or permits or Inspection
fees.
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