Seller may limit or cancel the credit of the buyer and may demand payment in cash before delivery. Upon failure of the buyer to make any such payment within ten (10) days after demand, seller may cancel the contract or, at buyer's expense, sell all or any part of the undelivered equipment without notice, at public or private sale (the seller having the right to become buyer of such equipment at any such sale), the buyer to be responsible for the costs and expenses of such sale and for any deficiency.
In the event of fire, flood, tornado, hurricane, or other act of god, casualty, accident, embargo, strike or lockout, or other difficulties with employees, delay of inability to obtain labor, material, machinery or services through seller's usual sources, delay by carrier, or any cause or causes beyond the seller's control causing failure to deliver or delay in delivery or curtailment of production or shipment, the seller shall not be liable therefore, and may in its discretion, without notice to buyer, postpone the delivery dates under the contract and/or make partial delivery and/or cancel all or any portion of this and any previous contracts with the buyer.
The acceptance of shipment by a common carrier, the allocation of equipment to the buyer, or the mailing of an invoice by seller to buyer shall constitute a delivery. Thereupon, title shall pass to buyer, subject to the seller's right of stoppage in transit. On equipment for which payment is to be made on or before delivery, title passes only upon receipt of full payment. In the instance of equipment held subject to the buyer's instructions, or for which the buyer has failed to supply shipping instructions, seller may invoice the equipment and buyer agrees to make payment at the maturity of the invoice so rendered. Partial deliveries shall be accepted by the buyer and paid for at contract prices and terms. In the event there is more than one installment of equipment shipped or stipulated herein to be shipped, the contact shall be severable as to each such installment, at the option of the seller. Delivery or tender of delivery of an order or any installment thereof within sixty (60) days after time specified shall be deemed timely delivery. Thereafter, shipment or tender prior to receipt of written cancellation shall constitute delivery. Any delivery not in dispute shall be paid on the due date.
There is no representation, warranty, or condition, of any kind, expressed or implied, unless otherwise expressly stipulated hereunder. Seller's sole representation as to equipment sold hereunder is that such equipment is warranted, for a period of fifteen (15) months from the date of shipment of the product to buyer, to be free from manufacturing defects if used in accordance with Seller's recommendations and industrial standards, except that this warranty does not cover switches or elements damaged by short circuit wiring or unauthorized servicing beyond normal adjustment, and such switches or elements will not be replaced without charge. This warranty is applicable only to claims made in writing and received by Seller within 30 days after the defect was discovered or should have been discovered and within a period of fifteen (15) months from the date of shipment of the product by Seller. All other claims are waived. If a claim is made, you must allow reasonable investigation of the product you claim is defective and you must supply samples that adequately demonstrate the problem you claim, for testing by Seller.
It is expressly understood and agreed that the limit of Seller's liability will be at Seller's option, to repair and/or furnish a replacement for (but will not install) of a like quantity of non-defective product, or issue a credit for the purchase price of the product acknowledged by Seller to be defective, regardless of whether the defect was latent or obvious.
This warranty does not include or cover reimbursement of expenses incurred by reason of normal use and service of the equipment, or the expenses incurred in connection with the inspection or transportation of equipment or any part thereof to be repaired or replaced pursuant to this warranty. All labor and service charges, which may be incurred with respect to either the original or replacement product, are excluded.
Notwithstanding anything to the contrary contained herein, components manufactured by any supplier other than Seller, which are sold hereunder, shall bear only that warranty made by the manufacturer of those components; but in no event shall such a warranty be more extensive in any manner than Seller's product warranty contained herein. Seller will not be liable for any errors, defects, or omissions in the design of any Product sold hereunder irrespective of whether such errors, defects, or omissions in design result from acts or omissions of Seller or of Buyer or of some other third party.
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR OTHER LOSS OF BUSINESS) RESULTING FROM ITS BREACH OF THE FOREGOING WARRANTY. FURTHERMORE, SELLER SHALL NOT BE LIABLE FOR DAMAGE TO THE PROPERTY TO WHICH THE PRODUCT IS APPLIED OR ITS CONTENTS, LOSS OF TIME, PROFITS, OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY OR OBLIGATIONS UNDER THIS LIMITED WARRANTY. SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES WHICH ARE BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY EXCEPT THE LIMITED WARRANTY SET FORTH ABOVE. INCIDENTAL AND CONSEQUENTIAL DAMAGES SHALL NOT BE RECOVERABLE EVEN IF THE REPLACEMENT REMEDY FAILS OF ITS PURPOSE OR FOR ANY OTHER REASON.
SELLER MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, OR IMPLIED, IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, LENGTH OF SERVICE LIFE, MERCHANTABILITY OR THE FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE. THIS LIMITED WARRANTY PROVIDES YOUR EXCLUSIVE REMEDY AS A PURCHASER OF SELLER PRODUCTS. THIS LIMITED WARRANTY MAY BE MODIFIED OR AMENDED ONLY BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF SELLER. WITHOUT AN EXPRESS, WRITTEN AUTHORIZATION FROM SELLER, NO RETAILER OR DISTRIBUTOR OF SELLER PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES IMPLIED UNDER LAW SUCH AS, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY CUSTOMER TRADE USAGE, OR OTHERWISE, IF ANY.
AIRCRAFT AND GROUNDING EXCLUSION - THE COMPANY'S PRODUCTS ARE NOT TO BE USED: 1.) In aircraft products, including missile or spacecraft, and any ground support or control equipment used therewith; 2.) In connection with or incorporated into aircraft, aircraft parts or aircraft accessories including, but not limited to, ground handling tools & equipment; and (3) for the purpose of guidance, navigation, or direction of aircraft by reason of the existence of or alleged or suspected existence of any defect. The Company has no liability for the grounding of any aircraft by reason of the existence of or alleged or suspected existence of any defect.
The equipment sold hereunder is manufactured to the specific order of buyer, and cancellations or returns will not be accepted unless previously authorized in writing by the seller. If buyer claims that equipment is defective in quality, it must be properly and promptly offered to the seller for examination, and if buyer fails to make such equipment available for examination, buyer shall not be entitled to any claim therefore. The limit of liability of seller for late delivery shall be the difference, if any, between the contract price and the fair market price on the contract date of delivery of the equipment to be delivered. In no event shall buyer be entitled to claim any consequential or special damages for defective equipment, late delivery, or non delivery, and in no instance shall damages include profit or contemplated use or profit of any description. Shortage claims on any delivery must be reported in writing within thirty (30 days) from delivery of equipment and such claims shall not be recognized unless made within this time limit.