Cut Sheet
Volume 7—Logic Control, Operator Interface and Connectivity Solutions CA08100008E—February 2014 www.eaton.com V7-A1-3
Appendix 1—Eaton Terms & Conditions
Effective Date: November 1, 2008
Freight
Freight policy will be listed on
the Product discount sheets,
or at option of Seller one of
the following freight terms
will be quoted.
F.O.B.—P/S—Frt./Ppd. and
Invoiced
Products are sold F.O.B. point
of shipment freight prepaid
and invoiced to the Buyer.
F.O.B.—P/S—Frt./Ppd.
and Allowed
Products sold are delivered
F.O.B. point of shipment,
freight prepaid and included
in the price.
F.O.B. Destination—Frt./Ppd.
and Allowed
At Buyer’s option, Seller will
deliver the Products F.O.B.
destination freight prepaid
and 2% will be added to the
net price.
The term “freight prepaid”
means that freight charges
will be prepaid to the
accessible common carrier
delivery point nearest the
destination for shipments
within the United States and
Puerto Rico unless noted
differently on the Product
discount sheets. For any
other destination contact
Seller’s representative.
Shipment and Routing
Seller shall select the point of
origin of shipment, the
method of transportation, the
type of carrier equipment and
the routing of the shipment.
If the Buyer specifies a
special method of
transportation, type of carrier
equipment, routing, or
delivery requirement, Buyer
shall pay all special freight
and handling charges.
When freight is included in
the price, no allowance will
be made in lieu of
transportation if the Buyer
accepts shipment at factory,
warehouse, or freight station
or otherwise supplies its own
transportation.
Risk of Loss
Risk of loss or damage to the
Products shall pass to Buyer
at the F.O.B. point.
Concealed Damage
Except in the event of F.O.B.
destination shipments, Seller
will not participate in any
settlement of claims for
concealed damage.
When shipment has been
made on an F.O.B. destination
basis, the Buyer must unpack
immediately and, if damage is
discovered must:
1. Not move the Products
from the point of
examination.
2. Retain shipping container
and packing material.
3. Notify the carrier in
writing of any apparent
damage.
4. Notify Seller
representative within
72 hours of delivery.
5. Send Seller a copy of
the carrier’s inspection
report.
Witness Tests/Customer
Inspection
Standard factory tests may be
witnessed by the Buyer
at Seller’s factory for an
additional charge calculated
at the rate of $2,500 per day
(not to exceed eight (8) hours)
per Product type. Buyer may
final inspect Products at the
Seller’s factory for $500 per
day per Product type.
Witness tests will add one (1)
week to the scheduled
shipping date. Seller will
notify Buyer fourteen (14)
calendar days prior to
scheduled witness testing
or inspection. In the event
Buyer is unable to attend, the
Parties shall mutually agree
on a rescheduled date.
However, Seller reserves
the right to deem the witness
tests waived with the right to
ship and invoice Products.
Held Orders
For any order held, delayed
or rescheduled at the request
of the Buyer, Seller may, at
its sole option (1) require
payment to be based on any
reasonable basis, including
bu
t not l
imited to the contract
price, and any additional
expenses, or cost resulting
from such a delay; (2) store
Products at the sole cost and
risk of loss of the Buyer; and/
or (3) charge to the Buyer
those prices under the
applicable price policy.
Payment for such price,
expenses and costs, in any
such event, shall be due by
Buyer within thirty (30) days
from date of Seller’s invoice.
Any order so held delayed or
rescheduled beyond six (6)
months will be treated as a
Buyer termination.
Drawing Approval
Seller will design the
Products in line with, in
Seller’s judgment, good
commercial practice. If at
drawing approval Buyer
makes changes outside of
the design as covered in their
specifications, Seller will then
be paid reasonable charges
and allowed a commensurate
delay in shipping date based
on the changes made.
Drawing Re-Submittal
When Seller agrees to do so
in its quotation, Seller shall
provide Buyer with the first
set of factory customer
approval drawing(s) at Seller’s
expense. The customer
approval drawing(s) will be
delivered at the quoted
delivery date. If Buyer
requests drawing changes
or additions after the initial
factory customer approval
drawing(s) have been
submitted by Seller, the
Seller, at its option, may
assess Buyer drawing
charges. Factory customer
approval drawing changes
required due to
misinterpretation by Seller
will be at Seller’s expense.
Approval drawings generated
by Bid Manager are excluded
from this provision.
Warranty
Warranty for Products
Seller warrants that the
Products manufactured by
it will conform to Seller’s
applicable specifications and
be free from failure due to
defects in workmanship and
material for one (1) year from
the date of installation of
the Product or eighteen (18)
months from the date of
shipment of the Product,
whichever occurs first.
In the event any Product fails
to comply with the foregoing
warranty Seller will, at its
option, either (a) repair or
replace the defective
Product, or defective part or
component thereof, F.O.B.
Seller’s facility freight
prepaid, or (b) credit Buyer
for the purchase price of the
Product. All warranty claims
shall be made in writing.
Seller requires all non-
conforming Products be
returned at Seller’s expense
for evaluation unless
specifically stated otherwise
in writing by Seller.
This warranty does not
cover failure or damage
due to storage, installation,
operation or maintenance not
in conformance with Seller’s
recommendations and
industry standard practice
or due to accident, misuse,
abuse or negligence. This
warranty does not cover
reimbursement for labor,
gaining access, removal,
installation, temporary power
or any other expenses, which
may be incurred in connection
with repair or replacement.
This warranty does not
apply to equipment not
manufactured by Seller.
Seller limits itself to
extending the same warranty
it receives from the supplier.