Brochure

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800.292.2737 | [e-mail] | aymcdonald.com
General Information
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General Information
Trade Customs
General Information
CONTROLLING PROVISIONS: These terms and conditions supersede all previous terms and
conditions and shall control any sale by A.Y. McDonald Mfg. Co. (“Seller”). No alteration or
waiver of these terms and conditions shall be valid unless specically accepted in writing
by an authorized representative of Seller.
PRICES: Billing prices are those in effect at the time the order is shipped. All prices are
subject to change without notice. Possession of a price sheet shall not be construed as an
offer to sell. Seller reserves the right to reject any order.
TERMS: 2% 10th Prox., Net 25th (A 2% cash discount can be taken on the 10th of the
month following the shipment. The month is dened as the 26th through the 25th. For
example, a February 25th invoice is due 2% on March 10th, a February 26th invoice is due
2% April 10th, and all invoices are due net the 11th and considered past due on the 26th
of the month). Without open credit terms, payment may be required prior to shipping. A 2%
monthly service charge (or the maximum amount permitted by law) may be applied to the
balance of any past-due invoice. Buyer shall pay any necessary collection fees, including
reasonable attorney fees.
TAXES: Any sales tax, use tax, manufacturer tax, duty, or other cost imposed by any government
entity shall, at Seller’s option, be added to the purchase price and payable by buyer. Buyer
must certify any tax exemption and agree to indemnify Seller against any tax imposed
contrary to such certication.
FREIGHT: All prices are F.O.B. Seller’s factory, with full freight allowed within the contiguous
United States and Canada on the orders that qualify pursuant to the Freight Program
schedule. Seller reserves the right to select the carrier and route of shipment and to ship
at the most economical rate. All extra charges for special handling or delivery services
will be paid for by the buyer. Terms for shipment outside the contiguous United States and
Canada shall be established on a case-by-case basis.
“LIMITED WARRANTY Subject to the limitations stated herein, A.Y. McDonald Mfg. Co.
("Seller") warrants that high pressure gas products manufactured by Seller shall be free
from defects in material and workmanship and shall perform the services for which they
are intended when properly installed, under normal use, and under ordinary conditions, for
a period of ninety (90) days from the date of shipment from Seller's factory. This Limited
Warranty does not cover or apply to water service products, plumbing products, or pumps
or pump accessories manufactured by Seller. Buyer must notify Seller in writing of a
potentially defective product as soon as possible and not later than ninety (90) days from
the date of shipment from Seller's factory. Upon receipt of such notice, Seller shall, at its
option and at its expense, examine such product at Seller's factory or such other location as
Seller shall determine. Should Seller agree to a return of the product, buyer shall follow in
every respect the packaging and transportation instructions provided by Seller. In no case
shall a product be returned without rst obtaining the permission of Seller. If a product is
proven to the satisfaction of Seller to be defective, then Seller shall, at its option and at its
expense, repair or replace such product or reimburse buyer for the price paid by buyer for
such product. The cost of shipping to buyer a repaired or replaced product shall be paid by
Seller on the same shipping terms as the original shipment of such product to buyer. Except
as stated herein, buyer shall assume all responsibility and expense for any dismantling,
removal, reinstallation, and shipping in connection with this Limited Warranty, and no
claims will be allowed for labor, shipping, materials, or other costs incident to the repair,
replacement, or return of a product.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SELLER AND IS MADE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SELLER'S LIABILITY IS LIMITED TO REPAIR, REPLACEMENT, OR REIMBURSEMENT AS
PROVIDED ABOVE, AND IN NO EVENT SHALL SELLER'S LIABILITY EXCEED THE PURCHASE
PRICE OF THE PRODUCT(S) INVOLVED. THIS LIMITED WARRANTY PROVIDES THE EXCLUSIVE
REMEDY AGAINST SELLER FOR CLAIMS RELATING TO PRODUCTS, WHETHER IN CONTRACT,
IN TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OTHER LEGAL THEORY, AND WHETHER
ARISING OUT OF WARRANTIES, REPRESENTATIONS, INSTRUCTIONS, OR DEFECTS FROM
ANY CAUSE. IN NO EVENT SHALL SELLER BE LIABLE FOR OR OBLIGATED TO PAY ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND.
THIS LIMITED WARRANTY EXTENDS ONLY TO BUYERS WHO PURCHASE SELLER'S PRODUCT(S)
DIRECTLY FROM SELLER ("ORIGINAL PURCHASERS"), INCLUDING DISTRIBUTORS,
WHOLESALERS, UTILITIES, AND CONTRACTORS. THIS LIMITED WARRANTY IS NOT ASSIGNABLE
OR OTHERWISE TRANSFERABLE BY THE ORIGINAL PURCHASER TO ANY OTHER PARTY. SELLER
EXTENDS NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
TO "CONSUMERS," AS THAT TERM IS DEFINED IN THE MAGNUSON-MOSS WARRANTY ACT
(15 U.S.C. SECTIONS 2301 ET SEQ.) AND THE REGULATIONS PROMULGATED THEREUNDER.
IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE NINETY (90) DAY PERIOD
PRESCRIBED HEREIN.
This Limited Warranty shall not apply to product failure or defect: due to a defect in the
design, engineering, or installation of any water, gas, or other system; where the product has
been modied without the prior written authority of Seller; caused by the failure to install
or use the product in conformity with any instructions or specications provided by Seller;
caused by the improper installation, use, application, maintenance, repair, transportation,
handling, or storage of the product; caused by the fault or negligence of anyone other than
Seller or any other act or event beyond the control of Seller. Seller makes no warranties as
to any products or product parts or components that are not manufactured by Seller. The
limitations of liability contained in this Limited Warranty shall be effective without regard to
Seller's performance or failure or delay of performance under any other term or condition of
any trade customs, warranty, or other agreement. No employee, representative, or agent of
Seller, nor any other person, has authority to assume or incur on behalf of Seller any liability,
obligation, or responsibility in place of or in addition to this Limited Warranty."
CLAIMS: Inspect all shipments immediately upon receipt, examining products for damage
and verifying quantity. Any claim of damage, shortage, or non-conformance must be made
in writing within 5 business days of receipt of goods (any claim of damage or shortage must
be noted on the Freight Carrier’s signed delivery receipt).
ORDERS: Seller is not responsible for and shall not be held liable for damages resulting from
delays or failures in shipment, nor shall Seller be liable for any delay or failure to provide
goods where occasioned by any force majeure event, including without limitation: strikes
and other labor disputes; res; acts of God; oods, snowstorms, tornados, and other storms;
unusually severe inclement weather conditions; fuel, energy, carrier, or material shortages or
embargoes; war; terrorism; civil disturbances; acts of civil or military authority; court order
or decree; partial or complete destruction of factory or other facility; acts of buyer; inability
to obtain or retain fuel, energy, carriers, materials, facilities, or labor without litigation or
the payment of penalties or unreasonable prices or the acceptance of unreasonable terms
and conditions; and any other cause beyond Seller’s control.
RETURNS: Goods cannot be returned without the prior written approval of Seller. Return
freight must be prepaid by buyer. After inspecting the returned goods, Seller may impose
upon buyer: (1) a handling and restocking charge equal to a minimum of 25% of the invoiced
cost of the returned goods; and, in addition thereto, (2) any costs required to put the goods
in like-new condition. All credit memos are subject to cash discount terms as dened in
our standard terms.
CANCELLATION: The contract resulting from Seller’s acceptance of Buyer’s order cannot be
cancelled, terminated, or modied by Buyer, in whole or in part, except upon Seller’s prior
written approval.
NON-STOCK PRODUCTS: Non-stock products (i.e., customized or non-standard products) may
require a minimum order and buyer should make prior inquiry to Seller. Once production has
begun, orders for non-stock products cannot be cancelled without the prior written approval
of Seller. Seller will not accept the return of non-stock products.
CONSTRUCTION: All sales, contracts, and offers to buy or sell, all rights, remedies and duties
of all persons, and the construction and effect of all provisions hereof, shall be governed by
and construed according to the laws of the State of Iowa.
WARNING: It is unlawful in CALIFORNIA & VERMONT (effective 1/1/2010); MARYLAND (effective 1/1/2012); LOUISIANA (effective 1/1/2013) and the UNITED STATES OF
AMERICA (effective 1/4/2014) to use any product in the installation or repair of any public water system or any plumbing in a facility or system that provides water for human
consumption if the wetted surface area of the product has a weighted average lead content greater than 0.25%. This prohibition does not extend to service saddles used in
California, Louisiana or under USA Public Law 111-380. WARNING: This product can expose you to chemicals including lead, which is known to the State of CALIFORNIA
to cause cancer and birth defects or other reproductive harm. For more information go to: www.P65Warnings.ca.gov.