1. EXCLUSION OF OTHER TERMS.
The terms and conditions stated herein may not be varied by Buyer, and no additional or different terms or conditions, whether stated in Buyer’s purchase order form or elsewhere, shall be applicable to the transaction unless specifically agreed to in a separately signed, written instrument by an officer of the Company. Buyer’s acceptance of delivery of all or part of the goods covered hereby or Buyers payment therefore shall constitute such assent.
Unless otherwise stated on the website, all prices are F.O.B/Point of Departure, exclusive of freight, insurance and local delivery charges, if any. Prices advertised do not include shipping and handling or applicable taxes.
All applicable sales, use, excise, gross receipts and other taxes (excluding only taxes on the net income of the Company) are the responsibility of the Buyer, and Buyer shall promptly pay or reimburse the Company for payment of any such taxes on demand. If Buyer claims an exemption from such taxes, an exemption certificate must be furnished to the Company.
Any shipping date shown represents the Company’s best estimate as of this date, but the Company shall not incur any liability of any kind whatsoever for failure to ship on any particular date, unless firm shipping date has been expressly agreed to by an officer of the Company in a separately signed written instrument. Risk of loss shall pass to the Buyer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the Buyer, and claims against the Company for patent defects, errors, or shortages must be made in writing to the Company within fifteen (15) days of receipt of the goods, or such claims shall be deemed to have been waived.
5. WARRANTY MATTERS.
Products manufactured by the Company are warranted to be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment unless otherwise noted in product literature. The Company will repair or replace, at its option, Products which prove to be defective within the warranty period F.O.B. /Point of Departure. The Company’s warranty shall be voided by any repair, alteration or modification by persons other then the employees of the Company, or those expressly authorized by the company to make repairs, and by any abuse, misuse, or neglect of the Products, or by use not in accordance with the Company’s published instructions. The remedies for any failure of the Company’s Products to meet its warranty specified herein shall be these remedies stated herein and no others, there remedies being exclusive remedies as a condition of sales.
EXCEPT AS PROVIDED IN THIS PARAGRAPH, THE COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.