Term of Sale
1. All sales are f.o.b. point of shipment unless otherwise expressly stipulated. Such changes as may occur in the tariff freight rates or transportation charges used in determining delivered prices after date of quotation or sale and on or prior to dates of shipments, will be for the account of the Buyer. All sales are subject to increase without notification by the amount of any sales or excise 1ax levied or charged by any government agency and are subject to any price adjustment necessitated by our compliance with any governmental action.
2. All quotations are for immediate acceptance and subject to change without notice and expire unless accepted within 30 days from date of quotation.
3. Seller’s responsibility ceases upon delivery of goods to carrier or Buyer, and Buyer, by accepting same from carrier, agrees that goods are free of defects which a reasonably careful inspection would disclose.
4. All shipping dates given are approximated. While effort is made to maintain schedules, Seller will not be liable for damages due to delays.
5. Buyer agrees to indemnify and save harmless, Seller from all claims for loss, damage or injury sustained by Buyer, its employees, or any person whomsoever by reason of any defect in design, material, manufacture. assembling of, or workmanship of said goods, whether the same be caused by the sole negligence of Seller or otherwise.
6. Subject to the terms and conditions herinafter set forth. The Company warrants products and parts sold by it. insofar as they are of its own manufacture, against defects of material and Workmanship, under use and service in accordance with manufacturers written instructions, recommendations and ratings for installation, operations, maintenance and service of products, for a period of three months from the date of initial use, provided that such three month period shall in no case extend beyond one year from the date of shipment by Company. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT, AS COMPANY MAY ELECT, OF ANY DEFECTIVE PARTS, REGARDING WHICH, UPON DISCOVERY OF THE DEFECTS, THE PURCHASER HAS GIVEN IMMEDIATE WRITTEN NOTICE. Installation and transportation cost are not included. Company shall have the option of requiring the return to it of the defective material. transportation prepaid, for inspection. Because of varying conditions of installation and operation all guarantees of performance are subject to variation of 3%. COMPANY DOES NOT WARRANT THE MERCHANTABILITY OF ITS PRODUCTS AND DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THE WARRANTY CONTAINED HEREIN. Company has not authorized anybody to make any representation or warranty other than the warranty contained herein.
7. Commodities not manufactured by Seller are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to Seller by the manufacturer and then only to the extent Seller is able to enforce such warranty or guaranty.
8. All orders and agreements are contingent on strikes, accidents and other acts or circumstances beyond the Seller’s control.
9. Orders cannot be cancelled by Buyer under any circumstances without the Buyer first reaching an agreement in writing with the Seller covering all damages. In every event, written permission must be secured prior to returning goods for credit.
10. Shipments and deliveries shall be subject to approval of Seller’s Credit Department if Buyer fails to fulfill the terms of payment, Seller may defer shipment or at its option, cancel the unshipped balance, or charge vendor account if applicable. Seller reserves the right, previous to making any shipments, to require from Buyer satisfactory security for performance of Buyer’s obligation. No failure of Seller to exercise any right accruing from any default of Buyer shall impair Seller’s rights in case of any shipment default of Buyer.
11. All sales under all orders and these terms and conditions are subject to the Company and/or Governmental Policies, laws and regulators. now or hereafter established.
12. The Seller reserves the right to change, discontinue or modify the design and construction of any product or to substitute material equal to or superior to that originally specified.
13. This proposal shall not become effective until accepted by an authorized official of the Buyer.
14. This proposal cannot be changed or varied by any verbal agreement and all orders are accepted under the provisions set forth. There are no other oral agreements in force.
15. Replicate Pump LLC hereby retains a security interest in all materials and services purchased by customer under this agreement to secure payment of the same, and all delivery tickets and invoices pertaining to sales by Replicate Pump LLC to all incorporated herein by reference. In case of non payment by customer for an invoice or invoices, Replicate Pump LLC shall have the right to re-possess and sell items purchased under this agreement in accordance with the applicable provisions of the TEXAS BUSINESS COMMERCE CODE or other laws governing jurisdiction outside the State of Texas.
16. All payments are due and payable in Ector County, Texas wherein venue lies. All validity and enforcement shall be governed by and construed in accordance with the laws of the State of Texas.
PERFORMANCE GUARANTEE
The equipment quoted shall be guaranteed for satisfactory performance at operating conditions specified. Performance of the supplied pump shall be guaranteed tor the specified rated operating conditions as covered by our quotation with an allowable variation of plus or minus 10% on rated capacity of said unit or units. All other terms and conditions of sale are covered above.
INSTALLATION
Equipment shall be transported, installed and connected at purchaser’s RISK & EXPENSE. The purchaser is to furnish all labor, supplies and facilities tor such installation and erection of package supplied pump on his own installation site. In no event shall Company be liable for consequential damages. loss of anticipated profit or loss of use of equipment. or any installation into which its equipment may be installed. At the original installation of supplied unit, if requested, Company will furnish a qualified field representative. Purchaser shall pay time and a half for overtime and double time for Sundays and Holidays plus all living and traveling expenses. Company shall not be liable for damages or injury to property or persons arising from its service work unless such is attributable solely to its field representative.
