Sur-Seal Corporation Terms and Conditions of Sale
(1) WARRANTY AND LIMITATIONS THEREON
OUR PRODUCTS ARE WARRANTED TO BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIAL. THERE ARE NO WARRANTIES WHICH EXTEND TO THIS TRANSACTION BEYOND THE EXPRESS WARRANTY DESCRIBED HEREIN. ALL OTHER EXPRESS AND IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
(2) BUYER’S REMEDIES AND LIMITATIONS THEREON
SUR-SEAL WILL REPLACE DEFECTIVE PRODUCTS FREE OF CHARGE INCLUDING TRANSPORTATION CHARGES BUT
NOT COST OF INSTALLATION, OR AT OUR OPTION, THE PURCHASE PRICE WILL BE REFUNDED. SUR-SEAL’S OPTION TO REPLACE DEFECTIVE PRODUCTS OR REFUND PURCHASE MONIES PAID BY THE BUYER SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS OR ANY OTHER CLAIMS OF BREACH OF CONTRACT.IN NO EVENT WILLSUR-SEAL BE LIABLE FOR DAMAGES OF ANY KIND, HOWEVER, CHARACTERIZED,INCLUDING, BUT NOT LIMITED TO, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, DAMAGES FOR NON•DELIVERY,DAMAGES FOR DELAY, LOST PROFITS, THE COST OF INSTALLATION OF REPLACEMENT COMPONENTS & BUYER’S COST OF EFFECTING COVER, DAMAGES FOR INJURY TO PROPERTY, OR ANY LOSS OR EXPENSE CLAIMED TO RESULT FROM A DEFECT IN THE GOODS OR BREACH OF THE CONTRACT OF SALE.
(3) ACCEPTANCE, PRICES AND PAYMENT
A. Unless otherwise specified, all prices are F.O.B. Sur-Seal’s factories or warehouses from which shipment is made.
B. Taxes are not Included In price: all sales, excise, use or similar taxes shall be In addition to price stated and shall be paid by
buyer unless valid exemption certificate is furnished therefor.
C. All accounts are payable within 30 days unless otherwise noted on the face hereof or by separate agreement. Sur-Seal may
demand payment In advance of shipment If, In Sur-Seal’s opinion, the credit or financial condition of buyer is, or is about to become, Impaired.
D. Terms are 1% 10 Days, Net 30 Days.
E. Prices for All Goods are In effect at the time of shipment.
Shipping dates are approximate only and subject to change. Sur-Seal shall not be liable in damages or otherwise for delay or failure in performance when caused by circumstances, of every nature and description and however rising, beyond Sur-Seal’s reasonable control. In the event that Sur-Seal Is unable, due to any such occurrence or otherwise, to fulfill Its total commitments to all customen1, buyer agrees to accept, as full and complete performance by Sur-Seal deliveries in accordance with such plan or proration as Sur-Seal may adopt.
(5) CLAIMS AND RETURNS
Claims for corrections and/or credits must be made within 30 days after receipt of shipment. No shipments may be returned for any cause without Sur-Seal’s prior consent and authorization.
(6) SHIPPING CLAIMS AND BREAKAGE
Delivery to the initial carrier shall in all cases, constitute delivery to the buyer. We do not assume responsibility for loss, damage or breakage in transit. Responsibility for shipments delayed, lost or damages in transit, rest with carrier. Any damage claims for losses should be filed with the carrier by buyer.
All quotations are valid for 30 days from date of quotation; clerical errors are subject to correction.
The price quoted for tooling designed by Sur-Seal represents only a part of their cost. All tooling will remain property of Sur-Seal and will be subject to normal maintenance at our expense. Tooling that has not been used for a period of 3 years will be considered obsolete by Sur-Seal and subject to removal at our discretion.
Sur-Seal reserves the right to substitute products of equal quality in place of brand names unless buyer’s order specifically states
“no equals” accepted.
(10) FAIR LABOR STANDARDS ACT
We hereby certify that these goods were produced In compliance with all applicable requirements of section 6, 7, and 12 of the Fair Labor Standards Act, as amended and of regulations and orders of the United States Department of Labor issued under section M thereof.
In the absence of written acceptance of these Items and conditions by buyer, acceptance of any materials or finished products covered by the order herein acknowledged shall constitute acceptance of the terms and conditions herein stated. The company’s failure to object to other or contradictory provisions contained in buyers orders or communications shall not be deemed an acceptance thereof.
(12) PATENT INFRINGEMENT
Should the goods furnished by Sur-Seal be of such a nature that the design therefore is supplied by buyer, or should goods be labeled or marked with a trademark or trade name requested by buyer, then buyer agrees to defend Sur-Seal In any action, either civil or criminal brought against Sur-Seal by any third party, for the Infringement or misuse of any such patents or trademarks, and buyer further agrees to hold Sur-Seal harmless from any damage or loss resulting therefrom.