Prices are firm upon acceptance, by HydroThrift Corporation, of the offer to purchase, and shall remain firm provided the equipment can be shipped within 90 days from acceptance. On shipments beyond 90 days, but less than 180 days prices are subject to adjustment to the price in effect at time of shipment. Such adjustment will not exceed 1% per month, or portion thereof from the date of acceptance.
Terms of payment are Net cash 30 days from date of shipment. These terms apply to partial as well as complete shipments. A service charge at the rate of 1.5% per month will be made on past due accounts. Seller reserves the right to ship COD or refuse shipment or delivery of goods in the event that in its sole discretion HydroThrift Corporation decides that the outstanding indebtedness of the customer exceeds reasonable credit allowance.
All prices are FOB shipping point, unless otherwise noted.
The purchaser shall pay all sales, use, excise, transportation, privilege, occupation, consumption, storage, or other taxes, which may be levied by any taxing authority.
Cancellation of an order or portion thereof will not be accepted after material has been purchased or fabrication has been commenced.
All goods are shipped FOB. If material is received in damaged condition, the buyer should contact the appropriate transportation agent and immediately file a claim.
No return of goods will be accepted unless previously agreed to in writing, and will be subject to a handling charge.
HydroThrift Corporation guarantees for a period of one year from the date of shipment that the apparatus manufactured by the seller shall be free from defects in material and workmanship, and shall perform as represented in any written data submitted. HOWEVER, the seller makes no guarantee against corrosion of any goods, and no guarantee is made whatsoever as to any goods manufactured by others, except such guarantee as is provided by such other manufacturer. Equipment and accessories furnished by a third party are guaranteed only to the extent of the original manufacturer’s guarantee to the company or its customers. For such period of one year, HydroThrift Corporation will accept the return, prepaid, of any goods guaranteed by HydroThrift Corporation which do not meet the terms of such guarantee, but only after HydroThrift Corporation has been given adequate opportunity to remedy the defect in material, workmanship, or performance, and if not so remedied, HydroThrift Corporation will refund the purchase price for goods so returned.
SUCH REFUND SHALL BE THE FULL EXTENT OF HYDROTHRIFT CORPORATION’S LIABILITY AND HYDROTHRIFT SHALL NOT BE LIABLE FOR ANY OTHER COSTS, EXPENSE, OR DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE. HydroThrift Corporation makes no guarantee or warranty except as stated in this paragraph and ALL IMPLIED WARRANTIES ARE EXCLUDED.
HydroThrift Corporation will endeavor to ship by promised delivery date, but failure to do so for any cause whatsoever will not give buyer right to cancel or hold seller responsible for any damages resulting from the failure to deliver within the time stated.
Failure of the seller to object to provisions contained in customers’ purchase orders or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. The printed terms hereon combines with the others writings entered into between the parties, are the entire contract and all of the terms thereof. No oral statements, warranties, representations, stipulations, or terms have any binding effect or be any part of the contract whatsoever.
Failure of the buyer to object in writing within five (5) days of receipt thereof to Terms and Conditions of Sale contained in the seller’s acceptance and/or acknowledgment, or other communications, shall be deemed an acceptance of such Terms and Conditions of Sale by buyer.
The Occupational Safety and Health Act (OSHA) imposes certain requirements on a “purchaser”, including many relating to the use of machinery and equipment. Since these requirements are directly related to the conditions under which and the manner in which the machinery or equipment is used, seller makes no warranty, expressed or implied, of mechanical ability, fitness under, compliance with, or liability under OSHA, its interpretations, and/or regulations. Further, the seller makes no warranty of any kind other than the warranty set forth in paragraph 8 of the Terms and Conditions of Sale.