Site Terms and Conditions
HYDRO TEC INC.
All orders for products shall be made out to Hydro Tec Inc. and shall be subject to acceptance by Hydro Tec Inc.
hereinafter referred to as "The Company" located in Mechanicsville, Va.
- GENERAL: Except as otherwise agreed to in writing by authorized personnel at the Company's plant, the following terms and conditions shall apply to and form a part of this quotation and any order resulting therefrom and any additional and/or different terms of Buyer's purchase order or other form of acceptance are rejected in advance and shall not become a part of any order resulting from this quotation.
- ASSIGNMENT: The rights of Buyer hereunder shall neither be assignable nor transferable without the written consent of the Company.
- QUOTATIONS: Written quotations by the Company become void unless accepted by the Buyer in writing within forty-five (45) days of the date of the quotation.
- PRICE: Prices for items of equipment covered by this quotation are subject to escalation in accordance with the applicable Bureau of Labor Statistics Indices (BLS) based on the period from date of quotation to date of shipment. This shall apply unless otherwise agreed to in writing by the Company.
- TERMS OF PAYMENT: Unless otherwise specified in this quotation, the terms of payment shall be net 30 days from date of shipment. If Buyer delays shipment, payments based on date of shipment shall become due as of the date when ready for shipment. If Buyer delays completion of manufacture, the Company may elect to require payment according to percentage of completion. Equipment held for Buyer shall be at Buyer's risk and storage charges may be applied at the discretion of the Company. Accounts past due shall bear interest at the highest rate lawful to contract for but if no limit is set by law, such interest shall be 1 1/2% per month. Buyer shall pay all costs and expenses, including reasonable attorney's fees, incurred in collecting same, and no claim, except claims within the Company's warranty of material or workmanship, as stated below, will be recognized unless Buyer notifies the Company in writing within thirty(30) days after date of shipment.
- INSOLVENCY OF BUYER: If any proceeding is initiated by or against Buyer under any bankruptcy or insolvency law, or in the judgment of the Company the financial condition of Buyer, at the time the equipment is ready for shipment, does not justify the terms of payment specified, the Company reserves the right to require full payment in cash prior to making shipment. If such payment is not received within fifteen (15) days after notification of readiness for shipment, the Company may cancel the order of any unshipped item and require payment of reasonable cancellation charges.
- TAXES: All prices exclude present and future sales, use, occupation, license , excise and other taxes in respect of manufacture, sales, or delivery, all of which shall be paid by Buyer unless included in the purchase price at the proper rate or a proper exemption certificate is furnished.
- ALTERATION, CANCELLATION, RESCHEDULING & RETURNED EQUIPMENT: Any order resulting from this quotation cannot be canceled, altered or rescheduled except with the written consent of the Company and upon terms which will indemnify the Company against all loss occasioned thereby. All additional costs incurred by the Company due to changes in design, specifications, modification, or revision of any order or product resulting from this quotation must be paid for by Buyer. Goods may be returned only when specifically authorized by the Company. The Buyer will be charged for placing returned goods in a saleable condition, plus any sales expenses then incurred. In addition, the Buyer will pay a reasonable restocking charge as well as all outgoing and incoming transportation costs.
- DELAYS:The Company shall in no event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of governmental or military authorities, delays in transportation or procuring materials, or causes of any kind beyond the Company's control. No provision for liquidated damages for any cause shall apply under this order. Buyer shall accept delivery within thirty (30) days after receipt of notification of readiness for shipment.
- SHIPPING: Unless Buyer specifies otherwise in writing: (a) goods will be boxed or crated as the Company may deem proper for protection against normal handling, and extra charges will be made for preservation, waterproofing, export boxing and similar added protection of goods: (b) routing and manner of shipment will be at the Company's discretion, and may be insured at Buyer's expense, value to be stated at order price. On all shipments, F.O.B. Company producing factory, delivery of goods to the initial carrier will constitute delivery to Buyer and all goods will be shipped at Buyer's risk. Claims for shortages will be deemed to have been waived if not made in writing within ten (10) days after the receipt of the material in respect of which any such shortage is claimed. The Company is not responsible for loss or damage in transit after having received "In Good Order" receipt from the carrier. A claim for loss or damage in transit must be entered with the carrier and prosecuted by Buyer. Acceptance of material from a common carrier constitutes a waiver of any claims against Company for delay or damage or loss.
- DELIVERY: Except as otherwise specified in this quotation, delivery will be F.O.B. point of shipment. In the absence of exact shipping instructions, the Company will use its discretion regarding the best means of shipment. No liability will be accepted by the Company for so doing. All transportation charges are at Buyer's expense unless quoted otherwise. Time of delivery is an estimate only and is based upon the receipt of all information and necessary approvals. The shipping schedule shall not be construed to limit the Company in making commitments for materials or in fabricating articles under this order in accordance with the Company's normal and reasonable production schedules.
- SECURITY INTEREST: Company retains title to and a security interest in all products sold to Buyer hereunder until the purchase price and other charges, if any, are paid in full. Upon request of Company, Buyer will execute any document or furnish any notices necessary to perfect the security interest of Company in the products sold hereunder.
- RECORDS, AUDITS AND PROPRIETARY DATA: Unless otherwise specifically agreed in writing and signed by an authorized officer, neither Buyer nor any representative of Buyer, nor any other person, shall have the right to examine or audit the Company's cost accounts, books or records of any kind or on any matter, or be entitled to, or have control over, any engineering or production prints, drawings or technical data which the Company, in its sole discretion, may consider in whole or in part proprietary to the Company.
- OPERATING CONDITIONS AND ACCEPTANCE: Recommendations and quotations are made upon the basis of operating conditions specified by the Buyer. If actual conditions are different from those specified and performance of the equipment is adversely affected thereby, Buyer will be responsible for the cost of all changes in the equipment required to accommodate such conditions. The Company reserves the right to cancel any order and Buyer shall reimburse the Company for all costs and expenses incurred in, and reasonable profit for performance hereunder. In such event, the Company reserves the right to refuse any order based upon a quotation containing an error. The provisions in any specification or chart are descriptive only and are not warranties or representations.
- LIABILITY LIMITATIONS: Under no circumstances shall the Company have any liability for liquidated, collateral, consequential, or special damages or for loss of profits, or for actual losses or for loss of production or progress of construction, whether resulting from delays in delivery or performance, breach of warranty, negligent manufacture or otherwise. The aggregate total liability of the Company in connection with the performance of this order, whether for breach of contract or warranty, negligence, or otherwise, shall in no event exceed the contract price. Buyer agrees to indemnify and hold harmless the Company from all claims by third parties in excess of these limitations. Since the compliance with the various Federal, State and Local laws and regulations concerning occupational health and safety and pollution are affected by the use, installation and operation of the equipment and other matters over which the Company has no control, the Company assumes no responsibility for compliance with those laws and regulations, whether by way of indemnity, warranty or otherwise.
- OTHER RIGHTS & REMEDIES: In addition to the rights and remedies conferred upon the Company by any contract resulting from this quotation, the Company shall have all rights and remedies conferred at law and in equity and shall not be required to proceed with the performance of any order resulting from this quotation if Buyer is in default in the performance of such order or of any other contract or order with the Company.
- LAW GOVERNING CONTRACT: All orders accepted by the Company shall be governed and controlled as to the validity, enforcement, interpretation, construction, effect and in all other respects, by the statutes, laws and decisions of the State of Virginia, which is the Commonwealth in which the Company's principle place of business is located. All orders accepted by the Company shall be considered as submitted to the Company at its principal place of business in Hanover County, Virginia, and shall be deemed to have been entered into in Hanover County, Virginia, unless the Company agrees otherwise, in writing. The BUYER agrees that all actions or proceedings arising directly , indirectly or otherwise in connection with, out of, related to, or from an order accepted by the Company shall be litigated at Hydro Tec Inc's discretion and election, only in the courts of Hanover County, Virginia. The BUYER , hereby consents and submits to the jurisdiction of these courts and waives any right to seek a transfer or change of venue in any litigation brought against the Company by the BUYER or in any litigation brought by the Company against the BUYER.
- MANUFACTURER’S WARRANTY: THE COMPANY WILL CONVEY THE WARRANTY (S) OF THE MANUFACTURER (S) OF THE PRODUCT SUPPLIED BY THE COMPANY. NO ADDITIONAL WARRANTY OR GUARANTEE,, MORE OR LESS INCLUSIVE OF THAT OFFERED BY THE PRODUCT MANUFACTURER, IS IMPLIED.
|
|
