GENERAL TERMS AND CONDITIONS OF SALE
TERMS:
Payment is due, without any set-off or deduction, 30 days from date of invoice. F.O.B. (EXWORKS) plant in Chanhassen, MN, U.S.A. Seller will charge a 1.5% penalty per month to all invoices not paid in full by the due date. Customer is responsible for all legal fees plus interest if it becomes necessary to refer any invoices to a collection agency or attorney. The Seller reserves, at any time, the right to alter or suspend credit and/or to change credit terms.
Seller objects to, and is not bound by, any terms or conditions on Buyer’s order which attempt to impose upon Seller any terms or conditions at variance with Seller’s terms and conditions herein set forth.
PRICES:
Seller’s prices are subject to change without notice. Payments to Seller are to be in United States dollars at a United States bank. Unless otherwise stated, quotations by letter are firm for a period of 60 days. Prices quoted do not include Federal, State, or Local taxes. All Taxes, Duty and Customs costs are to be paid by the purchaser.
WARRANTY AND PRODUCT LIABILITY:
All products are warranted against defects in materials and workmanship for a period of two (2) years from the date of original shipment. Warranty repairs are to be performed at Control Concepts factory. The transportation cost of returning material that is to be repaired or considered for replacement under warranty will be the obligation of the Purchaser. Warranty repaired equipment will be returned to the Purchaser, via the lowest cost surface transportation method, freight prepaid by Control Concepts. Request for and payment of premium transportation shall be the sole responsibility of the Purchaser. Control Concepts liability and customers exclusive remedy under this warranty is expressly limited to repair, replacement, or return of the purchase price. The decision whether products shall be repaired, replaced or if the purchase price is to be refunded is to be exclusively Control Concepts’. Control Concepts is not liable for incidental and/or consequential damages. A per diem charge for travel, living expenses, and all time, with the exception of the actual repair time, will be assessed for all warranty repairs performed outside the Sellers premises. This warranty shall not apply to equipment that has been repaired or altered by anyone other than the Seller so as to adversely affect the proper function of the equipment manufactured by the Seller.
Acts of God or of belligerent powers, wars, sabotage, explosions, riots, strikes, slowdown, lockouts, fire, floods, lightning, tornado or wind, shortage of labor, fuel, power, materials or supplies, inability to secure material, insufficient transportation facilities or delays in transportation of product of material or supplies, or accidents to plant or machinery, Government controls limiting production or prices, allocations, Government take-over of product or facilities and other Government interference or embargoes or other contingencies, the non-occurrence of which was a basic assumption of Buyer and Seller, shall give to Buyer and Seller the rights and obligations set forth in Sections 2-615 and 2-616 of the Uniform Commercial Code.
LOSS, DAMAGE OR DELAY:
Control Concepts shall not be liable for loss, damage, detention, back charges or delay resulting from any cause and any reason. Acceptance of the product by the purchaser upon its delivery shall constitute a waiver of all claims for delay.
SHIPMENTS & CANCELLATIONS:
All statements of prospective date of shipments are estimated. Firm orders that have been accepted are subject to cancellation, or changes in specifications only on the basis of Control Concepts being reimbursed for the costs incurred. The purchaser shall specify the method of shipment. If no method is specified, Control Concepts will determine the best compromise between delivery time, transportation costs and will ship accordingly. All transportation costs of material shipped from Control Concepts or returned to Control Concepts will be the obligation of the Purchaser.
Cancellation by Buyer cannot be effective except on terms which will indemnify Seller from loss of the order. Buyer’s proposed terms as to such indemnity and not as to other matters relating to cancellation are accepted, if they fulfill this condition.
Orders for special material are not subject to cancellation. No material (except defective material) will be taken back and credited or replaced except upon consent and upon terms and conditions agreed upon by the Seller in writing.
RETURNS:
Authorization, in the form of a Returned Material Identification number (RMI#) and shipping instructions for the return of any product must be obtained by the Purchaser from Control Concepts. Returned materials will be accepted only if authorized in advance and shipped transportation paid. Any expense incurred to restore goods to a saleable condition will be deducted from the credit to be issued covering the return unless the cost is covered by the warranty. Special goods or obsolete designs differing from the current standard product are not subject to return for credit. Final determination as to whether a product is actually defective or in warranty rests with Control Concepts.
RISK OF LOSS:
Unless otherwise agreed in writing by Control Concepts, delivery will be made and title will pass EXWORKS at the point of shipment. The transportation expenses shall be paid by the Purchasers. Risk of loss or damage shall fall upon the Purchaser. The Purchaser assumes full responsibility to apply for any shipment insurance deemed necessary and to file any claims for loss or damage with the carrier.
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