Terms
- Terms of Payment: Invoices are payable 30 days after the invoice
is dated or before. Thereafter, a service charge of 1.5% per month (18%
annum) will be assessed on the unpaid portion of the principal balance
of the invoice from time to time.
- Acceptance and cancellation of orders: No contract between
Seller and Buyer shall be deemed in existence until Buyer's written
order has been accepted by Seller. Orders accepted by Seller can
be canceled only with written consent of Seller. Modification of original
delivery schedule in buyer's order may be made upon ninety (90) days
written notice to Seller, provided Buyer accepts any goods scheduled
for delivery during such ninety (90) day period and accepts such goods
delayed no later than one year from the original scheduled delivery
date and provided further that Buyer agrees to indemnify or reimburse
Seller for any additional costs or expenses reasonably incurred because
of the modification of the delivery schedule, particularly, but not
limited to increased prices to Seller from suppliers.
- Prices: All prices on standard products are F.O.B. shipping
point. All prices are subject to change without notice -- prices in
effect at the time of shipment will apply. Quotations not accepted by
the Buyer within thirty (30) days are subject to review and revision
by Seller. All excise, sales use and other taxes applicable to this
order are required to be paid, unless appropriate exemption certificate
is received.
Minimum Charge: $25.00
Buyer agrees that the quantities committed affect the price of such units or parts and that if the Buyer , hereafter, makes any changes in the quantities committed from these shown on the quotation, the price of such units or parts shall be adjusted to meet Seller's price applicable to the quantities committed as charged. Each quantity committed must be scheduled by Buyer for shipment within ninety (90) days following the initial shipment.
- Title to risk of loss: Title to risk of loss of all articles
sold by Seller to Buyer shall pass to Buyer upon delivery thereof
by Seller to a carrier for shipment to Buyer.
- Delays: Seller shall not be liable for any default or delay
in fulfilling any order caused by any condition beyond Seller's control;
including, but not limited to; acts of God, strike, lock out, boycott
or other labor trouble, war, riot, fire, flood, governmental regulations,
or delays by any of Seller's subcontractors or suppliers in furnishing
materials or supplies due to one or more of the foregoing causes.
- Warranty: PortaCo, Inc. warrants to the original purchaser
all products manufactured by it to be free from defects in material
and workmanship under normal operation conditions and proper application
for a period of one year from the date of shipment of such products
or for a period of 500 hours of operation by the original purchaser,
whichever occurs first.
The term "original purchaser" as used herein, means the person or firm who first purchases the product for his own use and not for resale. Our obligation on this warranty shall be limited to the repair or exchange of warranted products, at our option F.O.B our factory.
The above warranty does not cover conditions over which we have no control, including, without limitation, foreign materials in the oil systems, pressure in excess of recommended maximum, products damaged or subjected to accident, abuse or misuse after shipment from our factory, nor to products altered or repaired by anyone other than authorized personnel.
No products shall be returned without prior written authorization from PortaCo, Inc. There will be no acceptance of any charges of labor and/or parts incidental to the removal and remounting of products repaired or replaced under this warranty. PortaCo, Inc. will in no event be liable for any special or consequential damage whatsoever.
- Copyright: PortaCo, Incorporated reserves all rights to the
design, manufacturer and patents for all products. (Rev. 5/5/90)
- Buyer shall be bound by all of the terms and conditions contained in this quotation despite any contrary or conflicting terms and conditions contained in Buyer's purchase order.
* PortaCo, Inc. reserves the right to repair or replace only those parts which prove to have been defective at the time of purchase.