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Warren OH 44481-9368
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General Terms & Conditions of Sale
1. TAXES & PRICING: prices quoted do not include any state or local property, sales, use of privilege taxes, or any export or import duties/taxes or the like. Buyers agree to pay or reimburse any such taxes and duties required to be paid in respect of this transaction. Pricing is subject to change arising from fluctuating market price of raw materials.
2. PAYMENTS: Terms of payment are Visa, Mastercard, American Express, Discover card, COD, Bank Transfer of Funds or Open Account. Open accounts are NET 15 days from date of invoice. If shipments are delayed by Buyer, payment becomes due from date the Seller is prepared to make shipment. If completion of manufacture is delayed by Buyer, payment shall be due and made based in the quote price and percent of completion as determined by Seller. Equipment held as a result of Buyer delay shall be at the risk and expense of Buyer. Buyer agrees to pay a late payment of 1.5% per month on any payment made after its due date.
3. SHIPMENT: Shipment date is approximate. Equipment will be shipped FOB point of shipment, freight prepaid and prepaid and listed separately.
4. LOSS, DAMAGE or DELAY: The Seller shall not be liable for loss, damage or delay resultinf from cause beyond its reasonable control, including but not limited to inability to obtain necessary labor, materials or breakdown of manufacturing facilities. In the event of delay due to any such cause, shipment date will be postponed to such time as may be reasonably necessary to compensate for the delay.
5. WARRANTIES: See Warranty Information Link on left.
6. TITLE RISK OF LOSS: The equipment covered hereby shall remain the property of the Seller until fully paid for in cash and Buyer agrees until full payment is made to perform all acts which may be necessary to perfect and assure retention of title thereto by the Seller. Risk of loss of equipment shall pass to Buyer upon delivery to carrier FOB point of shipment.
7. CONFIDENTIAL INFORMATION: Buyer acknowledges that technical information contained in plans, drawings, specifications, photographs and other documents, disclosed and/or furnished to them by the Seller are the sole and exclusive property of the Seller and the Buyer shall hold the same in confidence. Buyer shall not duplicate or disclose any of said information to any other person, firm or corporation and shall not use said information except in connection with this transaction without the express written permission of the Seller.
8. CANCELLATION: Any order or quote may be cancelled by the Buyer only with the consent of seller and upon payment of reasonable charges based upon expenses already incurred and commitments made by the Seller. The Buyer will be responsible to accept originally scheduled shipment for a period through sixty (60) days after date of cancellation.
9. FAIR LABOR STANDARDS ACT: The Seller certifies that its equipment is produced in compliance with all applicable requirements of the Federal Fair Labor Standards Act, as amended, and of regulations and orders of the U. S. Department of Labor under Section 14.
10. GOVERNING LAW-JURISDICTION: Agreed upon quotes shall be deemed to have been entered into the state of Ohio. Any dispute relating to these quotes or to the sale of equipment shall be governed by Ohio law. The state and federal courts of Ohio shall have exclusive jurisdiction over all such disputes. The Buyer agrees to pay all costs and attorney fees incurred by Seller in enforcing its rights.
11. OTHER PROVISIONS: These terms and conditions constitute the entire agreement between the parties and supersede all prior oral understandings. All shipments shall be expressly limited to these terms, whether on Buyers purchase order, business forms or otherwise, including any different or additional terms proposed by Buyer are expressly rejected and not binding on Seller unless agreed to in writing.
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