Warranty
Price Book 3
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Effective April 4, 2106
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800.847.1864
Warranties-9
Warranties
delivery of any part of the order. Company reserves
the right to request payment in advance of shipment
or any order or to request adequate assurances for
Customer’s payment of an order and may withhold or
stop shipment, without any liability to Company, until
Customer submits payment or assurance of payment,
as required by Company. (e) Default. If Customer is
in default in payment or otherwise with respect to any
order for Products or Services or any other contract with
Company, Company shall have the right, in addition to
all other legal remedies and without prejudice to any
of its right hereunder, to defer further shipments until
such default is corrected and to declare all outstanding
bills of Customer to be immediately due and payable.
(f) Taxes. Any taxes, charges, or duties imposed by
any governmental authority on the sale of Products or
Services will be paid by Customer, in addition to the
selling price specied by Company. (g) Late Payment
Charge. A late payment charge of 1.5% per month
equivalent to 18% per annum will be charged on past
due balances owed Company. Provided however, that
in the event that applicable governmental law sets
a maximum rate for late payment fees which is less
than 18% per annum, then the late payment charge
assessed will be set at the maximum rate permitted by
law.
4. INSPECTION, DELIVERY, SHIPPING, FREIGHT
CHARGES, CLAIMS, AND PACKING. (a) Inspection.
Inspection of Products and Services will be done by
Customer immediately after receipt of Products or
completion of Services. Inspection of Products or
Services by Customer at Company’s facility is not
permitted. (b) Delivery. Product delivery schedules are
based upon current production capacities, material
or component availability, and inventory, and may be
changed by Company as conditions require. Service
delivery schedules are based upon prompt receipt
of, and prompt access to, Customer’s equipment and
all information necessary to complete the Services.
In no event will Product or Service delivery dates be
construed as falling within the meaning of “time is
of the essence.” Partial delivery shall be accepted
by Customer and paid for at the price and on the
terms stated herein. Any partial delivery of Products
or Services, shall constitute a separate sale and
payment shall be separately made when due. If any
part of the Products or Services are not delivered by
Company in accordance with Customer’s order, this
Agreement shall not be affected thereby. (c) Shipping.
Unless otherwise specied by Company, (i) where the
Customer is located in the United States, all Products
will be sold “Uniform Commercial Code, F.O.B. Origin,
Company’s factory”; and (ii) where the Customer is
located outside of the United States, all Products will
be sold “Incoterms 2000, Ex-works, Company’s factory.”
In either instance, title and risk of loss will pass to
Customer upon delivery to the carrier at Company’s
factory. Provided however, a security interest will remain
in the Products, regardless of mode of attachment
to realty or other property, until full payment has
been made therefore, and Customer agrees, upon
request, to do all things and acts necessary to protect
Company’s interest by adequately insuring the Products
against loss from damage from any cause and to have
Company named as an additional insured. Copies of all
Certicates of Insurance will be provided to Company
upon request. Customer will also assist Company
in providing all necessary documents or signatures
required to le any documents to perfect Company’s
interest in such Products. (d) Freight Charges. All
freight charges will be (i) attached to this Agreement;
(ii) separately identied in the specic Product Price
Book; or (iii) separately furnished by Company to
Customer. (e) Claims. All claims for loss or damage to
Products while in the care, custody, and/or control of a
carrier will be the responsibility of Customer, who will
submit any claims.. (f) Packing. Company will pack,
mark, and ship the Products according to its standard
procedures for shipment, unless the parties agree, in
writing, that Company will comply with any special
instructions provided by Customer. Compliance with
special instructions may result in an increased price.
5. CLAIMS. (a) All claims must be submitted in writing
to Company as follows: (i) All claims for prices must
be submitted within thirty (30) days from the date of
invoice. (ii) All claims for Product quantity or incorrect
orders must be submitted within ten (10) days from the
date of delivery. (iii) All claims for damage to Products
(while in the care, custody, and control of Company)
must be submitted within thirty (30) days from the date
of invoice.
6. PRODUCT CHANGES. Company reserves the
right to change without notice the design of, or the
process of manufacturing, the Products covered by this
Agreement; provided that the foregoing will not be
construed as relieving Company from its obligation to
deliver Products which conform to the specications
which Company may have furnished to Customer.
7. PRODUCT RETURNS. Products may not be
returned unless Customer receives written authori-
zation from Company. If returns are authorized by
Company, a return merchandise authorization (“RMA”)
number must be provided by Company. Products
identied under such RMA must be returned to
Company within 90 days of issuance of the RMA. Such
RMA number and any accompanying RMA documents,