HYDROMAT INC., ST. LOUIS, MISSOURI
TERMS AND CONDITIONS
QUOTE IS VALID FOR THIRTY (30) DAYS
- understood E.X.W. Hydromat - St. Louis, Missouri, excluding any taxes.
- are subject to change without notice at any time following expiration of quote.
- become firm upon acceptance of buyers order by HYDROMAT INC.
- prices and cycle times quoted are to be within +/- 10%.
- per proposal
No cash discount is allowed. Overdue accounts are subject to a service charge of 1 1/2% per month.
- - Estimated shipping time is computed from date first down payment has been made by buyer, and if all the necessary specifications are given to HYDROMAT INC. as: prints for each part which include buyers latest revision, power requirements to machine.
- - Material and gauges for the test run in our plant in St. Louis, Missouri, must be furnished at least two months prior to estimated shipping time without any cost to HYDROMAT INC.
- - Shipping time is approximate only and HYDROMAT INC. is not responsible for any delays or non-performance resulting from:
- a) delays in receipt of final specifications from buyer.
- b) changes in specifications from those on which HYDROMAT INC.'s quotation is based.
HYDROMAT INC. is not and shall not be liable for delays in shipment or delivery of goods, detention thereof, loss or damage thereto, when due to Acts of God, acts of the Purchaser, acts of civil or military authority, priorities, U.S. Governmental restrictions or embargoes, wars, riots, fires, strikes, floods, epidemics, quarantine restrictions, default or delay by supplier, breakdown in manufacturing facilities, machinery or equipment, delays in transportation or difficulties in obtaining necessary materials, labor or manufacturing facilities due to such causes or any other cause beyond its reasonable control. Unless specific shipping instructions are agreed upon, Customer will organize shipment and insurance for machine.Prior to Shipment, Buyer to provide Hydromat, Inc. Proof of Cargo Insurance
Buyer may cancel all or any part of its order by submitting written notice to HYDROMAT INC. prior to 90 days before scheduled shipping date. In this case, buyer will be invoiced and will pay a cancellation charge computed on the basis of established prices for any completed items and for incomplete items the full cost including all burden and overhead costs as determined by HYDROMAT INC. in accordance with it's standard accounting practices, plus 20%. On requests for cancellation of buyer's order less than 90 days prior to the HYDROMAT INC. scheduled shipment date, HYDROMAT INC. may invoice and buyer will pay a cancellation charge computed on the basis set forth above or HYDROMAT INC. may complete and ship buyer's order and invoice buyer for the full price of such order.
SOLE AND EXCLUSIVE WARRANTY
HYDROMAT INC. warrants to Purchaser that the goods manufactured by HYDROMAT INC. to be delivered to Purchaser will be free from defects in material and workmanship when used under proper and normal use (the meaning of which shall include without limitation operation for not greater than an average of 40 hours per week) for a period of twelve (12) months from date of shipment by HYDROMAT INC. or 2,000 working hours on the goods, whichever shall first occur (hereinafter "Period of Sole Warranty"). Should any failure to conform to the above appear within the Period of Sole Warranty, HYDROMAT INC. agrees upon prompt notification thereof (received by HYDROMAT INC. during the Period of Sole Warranty) and confirmation that the goods have been stored, installed, operated and maintained in accordance with standard industry practice, to correct the nonconformity at Seller's option either by repairing any defective part or parts or by making available at HYDROMAT INC.'s plant a repaired or replacement part. THE FOREGOING WARRANTY SHALL NOT APPLY TO DAMAGE OR DEFECTS CAUSED BY ORDINARY WEAR AND TEAR AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING ANY WARRANTY ON MERCHANTABILITY OR FITNESS FOR PURPOSE). THE REMEDIES UNDER THIS WARRANTY ARE EXCLUSIVE AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER OBLIGATION.
EXCEPTIONS AND EXCLUSIONS
(1) SOLE REMEDY: THE ABOVE "SOLE AND EXCLUSIVE WARRANTY" (HEREINAFTER "WARRANTY") SHALL CONSTITUTE THE SOLE LIABILITY OF SELLER UNDER ANY LEGAL THEORY OR THEORIES WHATSOEVER INCLUDING WITHOUT LIMITATION UNDER WARRANTY, TORT, OR CONTRACT LEGAL THEORY. THE WARRANTY DOES NOT AND SHALL NOT INCLUDE REIMBURSEMENT FOR THE EXPENSES OF LABOR, TRANSPORTATION, INSTALLATION, REMOVAL FROM THE LINE OR ANY OTHER EXPENSES WHICH MAY BE INCURRED BY PURCHASER. (2) WEAR AND TEAR: HYDROMAT INC. SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY WEAR AND TEAR OF HYDROMAT INC.'S OR ANOTHER MANUFACTURER'S GOODS. (3) CONSEQUENTIAL DAMAGES: HYDROMAT INC. SHALL NOT BE LIABLE FOR ANY PENALTY OR FOR ANY SPECIAL, LIQUIDATED, INDIRECT, OR CONSEQUENTIAL DAMAGES SUCH AS BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOSS OF OTHER GOODS, DOWN-TIME COSTS, ASSOCIATED WITH THE REMOVAL OF GOODS FROM SERVICE OR WITH REINSTALLATION, DISASSEMBLY OR REASSEMBLY. (4) ONLY HYDROMAT INC.'S GOODS: NO WARRANTY OF ANY KIND WHATSOEVER IS MADE AND NO LIABILITY OF ANY KIND WHATSOEVER SHALL BE BORNE BY HYDROMAT INC. WITH RESPECT TO GOODS NOT MANUFACTURED BY HYDROMAT INC., SUCH BEING SUBJECT ONLY TO WARRANTIES, IF ANY, MADE BY THEIR RESPECTIVE MANUFACTURERS. (5) OTHER CAUSES: HYDROMAT INC. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR MODIFICATION OR REPAIRS MADE TO THE GOODS OR FOR DAMAGE CAUSED THERETO BY NEGLIGENCE, ACCIDENT OR IMPROPER USE OR INSTALLATION BY PURCHASER OR OTHERS. (6) LIMIT OR LIABILITY TO PRICE: HYDROMAT INC.'S LIABILITY ON ANY CLAIM OF ANY KIND, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR OTHERWISE FOR ANY DAMAGE OR INJURY TO PERSON OR PROPERTY OR LOSS ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS CONTRACT, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, OR REPAIR OR USE OF ANY GOODS COVERED BY OR FURNISHED UNDER THIS CONTRACT SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE GOODS OR PART THEREOF WHICH GIVES RISE TO THE CLAIM, AND UPON THE EXPIRATION OF THE PERIOD OF SOLE WARRANTY, ALL LIABILITY SHALL TERMINATE.
This agreement shall be construed, governed and enforced in accordance with the law of the State of Missouri. ANY DIFFERENT OR ADDITIONAL TERMS IN YOUR OFFER TO PURCHASE OR ELSEWHERE, WHETHER WRITTEN OR OTHERWISE, ARE HEREBY OBJECTED TO AND SHALL HAVE NO LEGAL COURSE OR APPLICABILITY WHATSOEVER.
HYDROMAT INC., ST. LOUIS, MISSOURI