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Standard Terms and Conditions

1. PRICES: Prices quoted are subject to acceptance within thirty (30) days. If accepted beyond that date, we reserve the right to re-quote within (5) business days of receipt of your acceptance.

2. DELIVERIES: We assume no responsibility or liability for any loss or damage occurring by reason of any delay, or our inability to deliver, which is caused by: fire, strikes, accidents, embargoes, material shortages, common carrier delays, insurrection, riot, acts of civil and military authorities – or acts of God or from any other cause which is unavoidable or beyond our reasonable control. If delays from such causes should occur, our delivery time shall be correspondingly extended. We ship Exworks Newton/EGV FOB Origin via requested freight provider on buyer’s collect account number. If no collect account number is available we will ship pre-paid and add with an additional handling fee added to the cost of the shipment.

3. CHANGES: Changes you request in design, specification and quantities cannot be effected without a new quotation and purchase order change notice being completed by both parties to this agreement. Any losses or increased costs resulting therefrom will be at the purchaser’s expense; Cancellation of orders will not be accepted unless a settlement has been agreed upon between purchaser and seller.

4. QUANTITY: Purchaser agrees to accept delivery, and to pay, at the rate herein quoted for the actual quantity delivered by seller, including overruns and under-runs, up to, but not exceeding ten (10%) per cent of the quantity ordered of each item on large quantity orders.

5. CLAIMS: If purchaser claims material supplied on this order is not as ordered, he must notify seller within Ten (10) days of receipt of shipment. Where claims are made by purchaser that materials do not conform to specifications, the seller reserves the right to re-inspect the material furnished at the purchaser’s plant before acting on the claim, and if sustained, seller may either repair or replace defective materials or credit the purchaser on a prorata basis for any such materials so rejected. The seller shall not be liable, however, at any time for any expenses or costs incurred, including incidental and/or consequential damages, by the purchaser in the use of the rejected or defective materials.

6. RETURNS: Stock items returned for credit will be subjected to a 30% restocking charge. Standard catalog items returned for credit will be subjected to a 50% restocking charge. Custom manufactured items are not subject to return.

7. TAXES: If the prices herein quoted are subject to any excise, sales, occupation, or use taxes which may be imposed by any governmental agency, they shall be additive to the prices quoted herein.

8. PATENTS: it is not the intention of the seller to manufacture any product, which infringes with a valid US patent. Parts to be supplied on this order are to be made by the seller, strictly to dimensional specifications furnished by the purchaser. It is agreed that the purchaser will defend and save harmless the seller from any and all expense involved in defending against any claims for damages from infringements of a letter patent resulting from parts either as such, or as parts or units of complete products.

9. TOLERANCES: All dimensions must be limited by a specified tolerance. When not specified by the purchaser, it is understood that factory commercial tolerances will apply to all products produced by Seller.

10. CANCELLATIONS: Orders placed cannot be cancelled, nor can deferred deliveries of completed goods or inprocess components be extended beyond the original delivery date specified, except with the seller’s consent, and upon terms which will indemnify Seller against all loss.

11. RESPONSIBILITY: Seller is not responsible for purchaser’s drawings, samples, models or tooling supplied for the purpose of this quotation that is not requested to be returned for within thirty days after the execution of any order or the expiration date of this quotation.

12. QUALITY: Charges, credits and payments returns arising out of defects will only be allowed when notification is first made in writing and said charges, allowances, credits or return of goods is authorized by Seller in writing. Seller assumes no liability for incidental or consequential damages arising out of any defects or breach of warranty. Maximum damages for any problems or defects with products purchased from Seller are agreed to be, and are limited to actual cost of the products purchased.

13. There are no representations, warranties or conditions expressed or implied, statutory or otherwise, except those herein contained and no agreement, collateral hereto, shall be binding upon either party unless reduced to writing hereon or attached hereto and signed by an authorized agent of Purchaser and accepted by an authorized officer of Seller.

14. VENDOR’S WARRANTY: Seller warrants that the material and workmanship of equipment manufactured by Seller will be free from defects in material and workmanship at the time of shipment. SELLER MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE with respect to products purchased by Buyer.

15. Seller makes no warranty or representation that the equipment furnished in accordance with this quotation complies with any OSHA regulation, standard or any local or state standard of similar nature, it being the intent of seller, and buyer that compliance with such standards or regulations shall be accomplished by and is the sole duty of Buyer.

16. Seller agrees that where the equipment or product that is the subject of this quotation is put to use in some application other than the application for which this equipment is normally used, that Buyer assumes sole responsibility for any patent infringement. Seller agrees that where there is a question regarding the application Seller will, at Buyer’s request, furnish buyer with any information pertinent to this matter.

17. No purported oral or verbal agreement, or other understanding which attempts in any way to modify the conditions of the contract resulting from the acceptance of Seller’s quotation will be binding upon the Seller, unless the same is reduced to writing and signed by an authorized Officer of Seller.

18. Any contract arising out of the making and acceptance of this seller’s quotation shall be deemed to have been made in the State of Kansas, and shall be construed according to the laws of the State of Kansas.

19. PAYMENT: Seller terms are Net 30 Days based solely upon the date of the invoice, exceptions allowed only when authorized in writing, by seller. Upon credit approval, alternate payment arrangements may be required.

20. ORDER ACCEPTANCE: Seller requires purchase order from buyer with pricing and payment terms consistent with sellers quote. Freight collect orders should include a freight collect account number. Purchase orders must reflect the correct information before shipments can be made.

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