Applied Motor Controls (hereinafter called “Seller”) agrees to sell the goods covered herein on the following terms and conditions of sale. Any additional or different terms that may be contained in any documents furnished by the Buyer are hereby objected to and rejected.
Buyer’s acceptance of the Goods will manifest Buyer’s assent to these terms and conditions.
1. Warranty: The Seller warrants its products and equipment to be free from defects in material and workmanship. If within ONE YEAR FROM DATE OF START UP, BUT NO MORE THAN TWO YEARS FROM DATE OF SHIPMENT from Seller’s factory, any failure to conform with this warranty appears within such time, Seller shall, if given prompt notice by Buyer, correct such non-conformity either by repair or replacement of the non-conforming product or part, F.O.B. repair facility.
The seller is not responsible for damage to its products through normal wear and tear, improper installation, unauthorized alterations or repairs, lack of proper maintenance, improper use, or at-tempts to operate outside its rated capacity.
2. Orders: Orders are subject to acceptance at home office of the Seller
3. Payments: Payment is due in full 30 days from date of shipment. Seller may require full or par-tial payment in advance if, in its sole judgment, the financial condition of the Buyer does not mer-it terms of payment specified. If the Buyer fails to pay any invoice when due, Seller may defer delivery. A service charge, the lesser of the highest allowed by law or 1.5% per month, or fraction thereof, for a maximum of 18% per annum will be charged on all past-due invoices.
4. Prices: Prices are subject to change without notice. Prices will be the prices in effect at the time of shipment by Seller. In the event of a price change, the effective date of the change will be the date shown on the new price discount sheets.
5. Taxes: Prices do not include any taxes. In the event Seller is required to pay any taxes, the Buyer shall reimburse Seller therefore, unless Buyer provides Seller at the time an order is sub-mitted with exemption certificates or other documents acceptable to taxing authorities.
6. Shipments and Delivery: Shipments are made F.O.B. Seller’s shipping point. All material is carefully packed for shipment. Risk of loss or damage and responsibility shall pass from Seller to Buyer upon delivery. While Seller will use reasonable efforts to maintain delivery dates acknowl-edged or quoted by Seller, all shipping dates are approximate and not guaranteed. Seller reserves the right to make partial shipments.
7. Returns for Credit: No returns for credit shall be accepted unless Seller’s written permission has been obtained in each case in advance. Only standard products from Seller’s regular line which are in active demand can be accepted for credit. Credits shall not be issued for custom-built or modified products. Credit amount will be based on invoiced price, subject to reasonable deduc-tion for handling and restoration of goods to salable condition.
8. Limitation of Liability: Buyer agrees that in no event shall Seller’s liability to buyer and/or its customers tend to include incidental, consequential, or punitive damages. The term “consequential damages” shall include, but not limited to, loss of anticipated profits, loss of use, loss of revenue, cost of capital, and damage or loss of other property or equipment.
9. Errors: All clerical errors are subject to corrections
10. Effective Date: February 1, 2003