TERMS & CONDITIONS OF SALE
Effective January 1, 2009.
- All customer orders are subject to acceptance and approval by Buskirk Engineering (“Seller”) at its head office in Ossian, Indiana.
- The terms and conditions contained herein, including those on the front side of this document, shall constitute the entire agreement for the purchase and sale of the goods sold hereunder. Any acceptance contained herein is expressly conditional upon Buyers assent to such terms and conditions as are different from, in addition to or at variance with the terms and conditions contained in Buyer’s purchase order or request for quotation (if any). Such assent shall be deemed to occur upon the failure of Buyer to object in writing specifically to any of Seller’s terms and conditions within 14 days from the initial receipt thereof. Any terms and conditions contained in Buyer’s purchase order or request for quotation which are different from, in addition to or at variance with Sellers terms and conditions shall not be binding upon Seller, and Seller hereby objects thereto.
- Payment terms are as specified on the front side of the invoice. Interest shall be charged at the rate of 1 ½ per month (19.6% per year) on past due accounts.
- Any federal, state, provincial or local tax (including goods and services tax or excise tax) imposed on seller as a result of this sale shall be paid by Buyer; taxes are not included in any quotation except as specifically stated. No charge shall be made for packing or crating goods unless specifically stated.
- Delivery terms are F.O.B. Seller’s plant or supplier’s plant as applicable Seller shall use the least cost method of transportation unless specifically authorized by Buyer to use a higher cost method of transportation. Any increase in transportation rates or taxes prior to date of shipment will be paid by Buyer.
- Seller has the right to deliver all of the goods at one time or in portions from time to time on or before the scheduled delivery date. Special shipping instructions must be received more than 10 working days before the scheduled shipping date. All “will call” shipments must be picked up within one week of notification of order completion or the order will be shipped “best way” to Buyer. If desired, Seller will arrange for warehousing at the expense of Buyer.
- Claims against Seller for defective or damaged goods, shortages, delays or failures in shipment or delivery or for any other cause shall be deemed waived and released by Buyer unless made in writing within 10 days of the date of delivery.
- Title to and the right to repossess all goods supplied is reserved by Seller until such goods are paid for in full, in cash or in accordance with any finance sale contracts pertaining thereto. Risk of loss or damage (including risk of loss or damage from shipping) shall pass to Buyer at the shipping point. Buyer shall be responsible for processing all claims resulting from loss or damage from shipping.
- No order accepted by Seller may be cancelled by Buyer without the consent of Seller. If Seller allows any cancellation, Buyer shall pay on demand all costs, expenses, losses and damages sustained by Seller in connection with such order or its cancellation, including administrative, engineering, modification and reconditioning expenses and loss of profit.
- In the event of any delay in Seller’s performance concerning delivery of goods due to strikes, labor difficulties, riot, war, fires, delay or default of a common carrier, failure of or curtailment in Seller’s usual sources of supply, governmental decrees or orders or any other cause beyond Seller’s reasonable control. Seller shall not be liable for any losses or damage arising there from and shall have such additional time as is reasonably necessary under the circumstances to perform its obligations.
- Seller warrants its manufactured products to be free from defects in workmanship and material for a period of one year from date of shipment. Seller will replace without charge any defective part if returned upon factory authorization with transportation charges prepaid, within such period. Notwithstanding the foregoing Seller’s liability for defective purchased parts included in manufactured products is necessarily limited to the warranty or guarantee provided by the manufacturer of such parts.
- Except for the foregoing warranty, Seller makes no representation, warranty or guarantee, express or implied, concerning the goods, this order or any other matter, and any implied warranty of merchantability or fitness for a particular purpose which exceeds the foregoing warranty is disclaimed by Seller and excluded from any made by acceptance of an order by Seller. Seller will not be liable for any consequential damages, loss or expenses arising in connection with the use or the inability to use the goods for any purpose whatever. Seller’s maximum liability shall not in any case exceed the cost of replacing defective parts. No salesman, manufacturer’s representative or other person may make or has the authority to make any representation, warranty or guarantee express or implied on behalf of Seller with respect to the use or application of such goods or which is inconsistent with these terms and conditions.
- These Terms and Conditions shall be governed by the laws of the State of Indiana. Any provision hereof which is contrary to any applicable law or administrative regulation having the effect of law shall not invalidate any other provision hereof, and any provision required to be included herein by any applicable law or administrative regulation having the effect of law shall be deemed to be incorporated herein. Stenographic and clerical errors are subject to correction by Seller.
- Buyer shall hold Seller harmless from and release and not make claim or suit against Seller because of any suits, claims, losses and other liabilities made against or suffered by Buyer as a result of or arising from any claim of infringement of patent, copyright, trademark or other common law proprietary right or from any claim of unfair trade or unfair competition, resulting from or occasioned by Buyer’s purchase, possession, use, sale or delivery of the goods in the U.S.A. or Canada.
- For Quebec residents only: It is the express wish of the parties hereto that this contract and all related documents be drawn up in English/C’est la volonte express des parties aux presentes que ce contral el less documents y afferents soient rediges en langue anglaise.