| TERMS |
 |
Net
cash 30 Days for all US orders. A finance charge of 1 ½ % per
month will be imputed against outstanding overdue balances for all
US orders. Cash advance for all non-US orders. |
| ORDERS |
|
All orders are
subject to acceptance at Home Office, 50 Tannery Road, Whitehouse,
New Jersey 08888. |
| QUOTATIONS |
|
All quotations
are subject to approval at Home Office. 50 Tannery Road, Whitehouse,
New Jersey 08888. |
| PRICES |
|
All prices are
F.O.B. our plant Whitehouse, New Jersey and do not include any applicable
Federal, State or local sales and excise taxes or any other surcharges
unless otherwise specifically indicated. |
| SHIPMENTS |
|
Shipment dates
are based on the Seller’s best estimates. The Seller will exercise
his best efforts to ship on schedule, but shall not be liable for
damage or loss because of any delay in shipment. Seller reserves the
right to fill order by complete or partial shipments unless otherwise
agreed. The responsibility for goods lost or damaged in transit rests
with the carrier. |
| AGREEMENTS |
|
Seller’s
commitments are contingent upon strikes, fires, accidents, or other
caused beyond Seller’s control. |
| CANCELLATION |
|
Orders are accepted
with the understanding that they are not subject to cancellation
except on terms that will indemnify Waltron LLC against loss. |
| TAXES |
|
Purchaser agrees
to bear all tax of any kind now or hereafter imposed on this contract
on the manufacture, sale, lease, shipment, ownership, possession,
or use of the items covered by the transaction. |
PATENT
PROTECTION |
|
Patent protection
is limited to product design only and is no way extendable to any
use of process in which Purchaser may install this equipment |
| ARBITRATION |
|
Any controversy
or claim arising out of or relating to this contract or the breach
thereof, shall be settled by arbitration in accordance with the rules
of the American Arbitration Association, and judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof. |
WARRANTY
POLICY |
|
Providing Purchaser
notifies us promptly, if within one year from date of shipment equipment
or parts manufactured by us fails to function properly under normal
and proper use because of defects in the material or workmanship demonstrated
to our satisfaction to have existed at the time of delivery or because
examination proves them not to be operating within the specified limit
of calibration, the company, reserving the right to either inspect
them in your hands or request their return to us, will at our option
repair or replace at our expense f.o.b. our plant or give you proper
credit for, such equipment or parts determined by us to be defective,
if returned transportation prepaid by Purchaser. The foregoing shall
not apply to equipment that shall have been altered or repaired after
shipment to you by anyone except our authorized employees, and the
Company will not be liable in any event for alterations or repairs
except those made with its written consent. Purchaser shall be solely
responsible for determining suitability for use and the parts manufactured
by others but furnished by us will be repaired or replaced only to
the extent of the original manufacturer’s guarantee. No guarantee
whatsoever is given as to electronic tubes, lamps, fuses, quartz or
glass and the Company shall have no repair or replacement obligation
as to these. Corrosion or other decomposition by chemical action is
specifically excluded as a defect covered hereunder. The foregoing
obligations are in lieu of all other obligations and liabilities including
negligence and all warranties, of merchantability or other wise, expressed
or implied in fact or by law, and state our entire and exclusive liability
and buyer’s exclusive remedy for any claim of damages in connection
with the sale of furnishing of goods or parts, their design, suitability
for use , installation or operation. We will in no event be liable
for any special or consequential damages whatsoever, and our liability
under no circumstances will exceed the contract price for the goods
for which liability is claimed. |
FAIR LABOR
STANDARDS ACT
COMPLIANCE |
|
We hereby give
written assurance with respect to the production of goods and/or performance
of services covered by this invoice that Seller has fully complied
with the requirements of the Fair Labor Standards Act of 1938, as
amended, and the Regulations in connection therewith, the Seller believes
that goods manufactured by others and sold and delivered by Seller
have been similarly produced. We certify to the best of our knowledge,
information and belief, the prices charged herein do not exceed any
maximum price permissible under any prevailing and applicable Law
or Regulation |
