|
TERMS AND CONDITIONS
DELIVERY: Delivery shall be F.O.B. Seller's manufacturing or distribution facility or where applicable, Seller's delivery vehicle. All risk of loss shall pass to Buyer upon delivery.
Transportation companies assume all liability for damage to goods from the time a shipment is received by them until the time it is delivered to the consignee. Our liability for such damage
ceases at the time of shipment. All shipments leaving our plant have been carefully inspected. Promptly upon receipt of goods, you should inspect the shipment. If a shipment arrives with the crating
or packaging damaged, have the carrier note the condition on the receipt. Check immediately for concealed damage. If it is found that the shipment has been damages in transit, please do not return it to
us, but notify the carrier and file a claim with the carrier within ten (10) days of the date of delivery. Failure to follow this procedure will result in refusal by the carrier to honor any claims with a
consequent loss to you. Goods should not be returned for credit or warranty of claims unless authorized by the factory. When authorized, please return to A.I.M. Products, Inc. by the carrier in
accordance with our instructions.
PAYMENT TERMS; TAXES: Net cash upon receipt of invoice, or upon demand without discount. Any tax assessment or excise levied or imposed by any present or future law of any
governmental authority, if paid by Seller as the result of the sale and delivery of the products described herein, shall be added to the price and paid by the Buyer.
WARRANTY; LIMITATION OF LIABILITY: Seller warrants that the products delivered by it shall conform to the applicable specification for each product set forth herein. Seller makes no
other warranty of any kind, either expressed or implied, in fact or by law, including without limitation any warranty or merchantability or fitness for a particular purpose. The equipment supplied by Seller
consists of parts manufactured by others, therefore Seller will only make available for the Buyer's benefit those warranties which Seller has received from its manufacturers. Any authorization of Seller for
repair or alteration by the Buyer must be in writing to prevent voiding this warranty.
Seller shall not be liable for direct, special, indirect, incidental or consequential damages, nor shall Seller be liable for damages of any kind arising from the presence or use of any of the
Seller's products, whether used singly or in combination with other products or substances. Determination of the suitability of any of Seller's products furnished hereunder for the use contemplated by Buyer is
the sole responsibility of Buyer and Seller shall have no responsibility in connection therewith. Buyer assumes all risk and liability for loss, damage or injury to persons or property of Buyer or other
arising out of the use or possession of Seller's products. The warranty as hereinabove set forth shall not be enlarged, diminished or affected by, and no obligation or liability shall arise or grow out of, the
rendering of technical advice or service in connection with Buyer's order or the products furnished hereunder, but the above stated limitation of liability shall apply to such services.
PATENTS: Seller shall defend, indemnify and save harmless Buyer of and from claims of liability based on infringement of any existing United States patent to the extent that such claim is
based on the possession, sale or use of the products supplied hereunder as such provided Seller is given prompt notice of such claim and opportunity to defend the same with counsel of its
choice. Seller shall have no liability or obligation whatsoever with respect to any claim for patent infringement based on use of the products with any other product, material substance or equipment or in
connection with any process.
CYLINDERS: The cylinders recorded in this packing slip and/or invoice are the property of Seller and are loaned to Buyer subject to the terms and conditions hereof. Unless otherwise
agreed to in writing, Buyer agrees to return said cylinders in good condition, with valves tightly closed, to Seller. And, buyer further agrees to pay Seller, as demurrage, an amount payable monthly for so
long thereafter as the said cylinders shall be detained by the Buyer, which demurrage shall be computed in accordance with Seller's prevailing demurrage billing system.
Buyer agrees to pay Seller, at Seller's then prevailing cost, for the loss, destruction or damage beyond repair of said cylinders or fittings resulting from any cause which such cylinders are on loan
to Buyer. In the case of damage permitting repair, Buyer agrees to pay the actual cost of repair incurred by Seller, plus cost of necessary transportation. Demurrage referred to in preceding paragraph
will be applicable until the cylinder is returned, or, if the cylinder cannot be returned, until Seller is paid in accordance with this paragraph.
Until such cylinders are returned, or until Buyer states in writing that Buyer is unable for any reason whatsoever to return such cylinders, Buyer shall be conclusively presumed to have possession or
control of such cylinders.
Claims by Buyer based on defective valves or cylinders are waived, unless made within 30 days after delivery and cylinder is returned to shipping warehouse with tag stating defect; the right to
challenge the accuracy of cylinder counts on invoices or packing slips shall be waived unless Seller is notified in writing of errors therein, within (30) days of receipt.
No claim that cylinders have been returned by Buyer will be honored unless Buyer holds a valid signed receipt on the form provided by Seller evidencing such return. The refilling of cylinders
without Seller's consent in writing is prohibited.
ACCEPTANCE; CONFLICT OF TERMS: Acceptance of delivery of the products shall constitute Buyer's agreement to the terms and conditions set forth in these terms and conditions.
Notwithstanding any provisions therein to the contrary, no terms and conditions in Buyer's purchase order, acknowledgment form, confirmation, or other document issued by Buyer which conflict with the conditions
herein, or increase Seller's obligation hereunder, shall be binding on Seller unless specifically identified and accepted in writing by an executive officer of Seller and until such acceptance is granted, Seller
hereby objects to any such terms and conditions.
RETURNED GOODS: Products in saleable condition may be returned to Seller only after specific written authorization by Seller and will be subject to a minimum restocking and handling
charge. All products to be returned freight prepaid to Seller's facility as designated in the above authorization.
TITLE: Notwithstanding any other provision hereof, title to any equipment intended to be sold hereunder, including all accessories, other equipment and parts hereinafter attached or
substituted, shall not pass to Buyer, and Seller shall have a security interest therein, until all unpaid sums are fully paid in cash.
|
