GENERAL
The following terms and conditions cover all products manufactured by Seller. No modifications or additions to the Terms and Conditions will be binding unless agreed to in writing by Seller.
TAXES
Prices do not include sales, use, excise or other taxes payable to any governmental authority in respect to the sale of Seller products. The purchaser shall pay the amount of any such taxes or shall reimburse Seller for the amount thereof that they may be required to pay. It is assumed that all sales are for good that will be resold as part of a final product and any taxes due by an end user will be the responsibility of other parties.
PRICE AND QUOTATIONS
All price lists are intended only for supplying general information and are not quotations or offers to sell on the part of Seller. Offer valid for 30 days from date of issue.
PAYMENTS
Unless stated otherwise, terms of payment are 30 percent with order, 60 percent at (immediately before) shipment, and 10 percent at 30 days from shipment. Acceptances of all orders are subject to credit approved by Seller. If shipment is delayed at the request of the purchaser, payment shall become due when Seller is prepared to ship the product. If the cost to Seller of products is increased by reason of delays caused by the purchaser, such additional costs shall be paid by the purchaser. Seller may, if it deems itself insecure by reason of financial condition of the purchaser or otherwise, require full payment as a condition to order acceptance.
All prices are FOB Factory. Seller will not be able to accept orders with freight prepaid unless specifically agreed to in writing.
ACCEPTANCE
No orders or other offer shall be binding upon Seller until accepted in writing.
REGULATORY LAWS OR STANDARDS
Seller makes no representation that its products conform to State or local laws, ordinances, regulations, codes or standards except as may be otherwise agreed to in writing by Seller.
MISCELLANEOUS
The provisions of this agreement shall be governed and construed in accordance with the laws of the State of Michigan. No provisions of this agreement shall be waived, changed, terminated, modified, discharged or rescinded, orally or otherwise, except in writing.
No waiver of and breach of any provision of this agreement shall constitute an amendment or modification to the agreement. If any provision of the agreement shall be to be unenforceable or inapplicable in any way or respect, such holding shall not affect the enforce-ability of any other provision under any circumstance. In the event unspecified redress of commitments develop not covered above, terms of the Uniform Commercial Code under the laws of Michigan will be construed as being effective as they may pertain.
CANCELLATION
Any order placed with and accepted by Seller is not subject to cancellation unless agreed to in writing by seller. Cancellations are subject to reasonable charges based on expenses already incurred and comments made by Seller.
CHANGES
Seller will not accept changes in specifications or designs unless such changes are requested in writing by the purchaser and agreed upon in writing by Seller and the purchaser agrees to pay, if necessary, an amount set by Seller in addition to the original purchase price.
DELIVERY
All indicated shipping dates are approximate. Seller will attempt to meet them where possible. Seller shall not be liable for delays in manufacturing or delivery due to any event in the nature of force majeure or any cause beyond the reasonable control of Seller. Seller will not be bound by any penalty clause contained in any specification or order submitted by the purchaser unless such is agreed to in writing by Seller.
LIMITED WARRANTY
Seller warrants its products against defects in material and workmanship for a period of one year from the date of shipment. The Limited Warranty is effective provided:
1) The purchaser notifies Seller in writing of the defect immediately after it becomes known to the purchaser, and
2) No alterations, repairs, or services have been performed by the purchaser or third parties on the Product without written approval by Seller.
Any equipment or components of the product not of Seller’ own manufacture and/or specified by the purchaser is sold under only such warranty as the maker thereof gives Seller and Seller is able to enforce, but such items are not warranted by Seller in any way.
Use of products above rated capacity, misuse, field alterations of products, damage due to lack of maintenance or improper storage, neglect or accident are also excluded from this Limited Warranty.
Seller’ obligation under this Limited Warranty is limited to the repair or replacement of parts only, at its option, FOB Seller’ factory.
Seller shall, in no event, be liable to the user/purchaser under this Limited Warranty, or otherwise for labor claims, expenditures or losses arising from operational delays or work stoppages or damages to property or people caused by defected products or for consequential or indirect damage of any nature whatsoever.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTS INCLUDING ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.