Terms and Conditions of Sale
TERMS: F.O.B. shipping point unless otherwise specifically provided. Payment of invoices is NET 30 DAYS and no cash discounts are allowed unless otherwise specifically provided.
QUOTATIONS: Stenographic and clerical errors subject to correction. All quotations, unless otherwise stated, are for immediate acceptance. Until Seller accepts an order, quoted prices are subject to change without notice.
CHANGE OF PRICE: Goods will be billed at prices prevailing at time of shipment and Buyer agrees to pay Seller at the billed prices.
CREDIT: Accounts will be opened only with firms or individuals with approved credit. The Seller reserves the privilege of declining to make deliveries except for cash or sight draft whenever, for any reason, doubt of the Buyer's responsibility develops.
CANCELLATION: Orders may be canceled or deliveries deferred only upon the condition that the Buyer assume immediate liability and make payment to the Seller for all work complete at the unit price; raw material, unamortized tooling, engineering charges incurred on the basis of cost to the Seller plus handling and overhead charges. All cancellation charges shall be determined at the time of cancellation or deferment.
QUANTITIES: Except where otherwise specifically provided, quotations are based on Buyer accepting over-run or under-run on each individual item not exceeding 10% of the quantities ordered. Where closer quantity control is required, special arrangements must be made. Quantities stated by Seller are normally determined by weight or machine count.
DELIVERIES: The Seller does not assume the responsibility for any damage growing out of or owing to any delays which are beyond his control.
RETURNS: No material may be returned without first obtaining written permission from Seller's office. Authorized returns will be subject to a minimum 15% restocking charge.
LIMITED WARRANTY: Sunbelt's only warranty is that goods being sold will be free from defects in workmanship and material. This warranty is expressly in lieu of other warranties, expressed or implied and whether statutory or otherwise, including any implied warranty of merchantability or fitness for a particular purpose. Sunbelt's liability for breach of warranty shall arise only upon return of defective goods at Buyer's expense after notice to Sunbelt of the claimed breach, and shall be limited to furnishing a like quantity of such goods free from such defects or at Sunbelt's option to refunding the purchase price, providing; however, that Sunbelt will not accept receipt of equipment returned unless Buyer has previously afforded Sunbelt's personnel a reasonable opportunity to inspect and repair equipment at Buyer's facility or such other location as is mutually agreeable. Notice to Sunbelt of claimed defects must be made within 90 days of receipt of equipment and 10 days after receipt of other goods. Sunbelt shall never be liable for any consequential damages.
CLAIMS: If the Buyer claims that the material received is not as ordered, he must notify Seller within ten (10) days of receipt of shipment. If such claim that material furnished is not as ordered is sustained to the satisfaction of both parties, the Seller shall repair, replace, credit or complete the order within the limitation of "QUANTITIES". Under no circumstances will the Seller be liable for damages or any claims for expense involved in using its products. Seller will not allow claims for defective goods on those parts further processed by the Buyer and resulting in change of either dimensions or characteristics from parts as ordered.
TOLERANCES: Unless otherwise specified, all tolerances and dimensions will be to standard of Seller.
SHIPMENT: In ordering, Buyer should explicitly state the method of shipment preferred and in the absence of such shipping directions, the Seller will use his discretion in employing the method of shipment for the material ordered. Insured shipments will be insured at the Buyer's expense, unless otherwise specified. Shipments are made at Buyer's risk and expense. Claims for losses incurred in shipments shall be made by the Buyer against carrier. Seller will assist Buyer in preparation and prosecution of claim in every practicable way.
TAXES: Any sales tax now in force or any tax, impost, levy, duty or other charge hereafter imposed by any Government or other authority upon the productions, use or sale of any goods ordered hereunder or upon the materials, methods or machines for producing the same and any increase in cost to the Seller in manufacturing, processing or delivering any goods sold hereunder, resulting directly from Government supervision, regulation or control, now or hereafter prescribed by law or in force, and affecting Seller's performance of its obligations hereunder, shall be added to the purchase price as herein noted or any revisions thereof, and shall be paid by Buyer.
PATENTS: It is not the intention of the Seller to manufacture or sell any product which, or the use of which, infringes on any patent and it is understood that the Seller will be promptly notified by the Buyer if the product on which he is quoting or offering for sale, or the use thereof, infringes on any patent. If such infringement exists, the Seller reserves the right to withdraw the quotation, and if the Seller is not given the notice specified herein, Seller will not be obligated in any way to indemnify the Buyer for any losses or damages incurred because of such patent infringements.
AGREEMENT: All orders placed by Buyer with Seller are accepted subject to those terms and conditions of sale. No terms, conditions or warranties other than those stated herein, and no arrangement or understanding, oral or written, in any way purporting to modify these terms of conditions, whether contained in the Buyer's purchase or shipping release forms, or elsewhere, shall be binding on Seller unless hereafter made in writing and signed by its authorized representative. All proposals, negotiations and representations made prior, and with reference hereto, are merged herein.