Terms of Sale
1. With respect to goods purchased by Buyer from Seller
("Goods"), no contract exists until Buyer places order for
delivery and such order is accepted by Seller's
acknowledging receipt of the order, by Seller's
commencement of work on the Goods ordered, or by Seller's
shipment of the Goods, whichever occurs first. Any
acceptance will be limited to the express terms contained
on the face hereof. Additional or different terms in
Buyer's form or any attempt by Buyer to vary in any degree
any of the terms of this of this quotation shall be deemed
material and are objected to and rejected, but this shall
not prevent the formation of a contract between Buyer and
Seller unless such variances are in the terms of the
description, quantity, price or delivery schedule of the
goods, and the order shall be deemed accepted by Seller
without said additional or different terms.
2. All agreements are contingent upon strikes, accidents
and other reasons for delay beyond Seller's control.
3. Where a separate charge is made for specially designed
tools and dies, Seller will maintain such tools and dies
without further cost to Buyer for the life of such tool or
die so long as the part remains active and the design is
not changed and Seller will not use such tools and dies
for others without Buyer's permission, but Buyer acquires
no right to remove any such tools or dies from Seller's
factory.
4. Seller warrants to Buyer that the Goods purchased by
Buyer from Seller shall be free from defects in material
and workmanship. This warranty is the only warranty
applicable to the Goods. THERE ARE NO OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED.
5. All Goods shall be inspected by Buyer when received and
Seller shall not be liable for any defect unless notified
in writing within 60 days after delivery.
6. Seller's liability for breach of warranty shall be
limited solely and exclusively to repairing or replacing,
at Seller's option, the defective Goods. In no event shall
the liability of Seller for breach of any contractual
provision relating to the Goods exceed the purchase price
of the Goods quoted herein. In no event shall Seller be
liable for any special, incidental or consequential
damages arising out of Buyer's use or sale of the Goods or
Seller's breach of any contractual provisions relating to
the Goods, including but not limited to any loss of
profits or production by Buyer. Any action resulting from
any breach by Seller must be commenced within one year
after the cause of action accrued.
7. Except to the extent caused by Seller's breach of
warranty, Buyer shall indemnify and hold harmless Seller,
its employees, officers and directors, and their
respective successors and assigns, (collectively,
"Indemnities") from and against any and all liability,
damages, claims, causes of action, losses, costs and
expenses (including attorneys' fees) of any kind
(collectively, "Damages") arising out of injuries to any
person (including death) or damage to any property caused
by or related to the Goods or any negligent act or
omission of Buyer, its employees or agents. Buyer shall
indemnify and hold harmless each of the Indemnities from
and against any and all Damages, royalties and license
fees arising from or for infringement of any patent by
reason of any sale or use of the Goods or the manufacture
of the Goods to Buyer's specifications or sample. Upon the
tendering of any of the foregoing suits or claims to
Buyer, Buyer shall defend the same at Buyer's expense. The
foregoing obligations of Buyer shall apply whether Seller
or Buyer defends such suits or claim.
8. Seller reserves the right to over and under ship by not
more than 10% of specified quantity.
9. Small quantities are considered prototype quantities
and cannot be returned since the cost of re-inspecting and
handling them is generally higher than the value of the
parts. Larger quantities may not be returnable depending
on the ability to re-sell these parts within a reasonable
time period. Special runs are not returnable.All returns
must be authorized and an Authorization Number is
required. Please contact our Customer Service at
speccs@asraymond.com or by phone at
419-891-9292. Unauthorized returns will be returned at
customer's expense.All authorized returns must be in their
original packaging and labeling to insure lot control
integrity. Parts cannot be altered or used in any fashion.
Parts from separate lots cannot be mixed. A restocking fee
will be charged to authorized returns. Additional charges
may be required for re-inspection, cleaning and
repackaging. Credit for damaged parts will not be issued.
All returns will be shipped to the authorized return
center pre-paid by sender. Actual credit issued will be
for the quantity of acceptable parts at the original piece
price, less the restocking charge, less the original
freight and any other charges that are necessary to return
the parts to a saleable condition.
10. Please note that all indicated prices are in US$, and
are for standard product shipped within the continental
USA, including Alaska. For Canada orders, please contact: Associated Spring Raymond
370 W. Dussel Drive – Suite A
Maumee, OH 43537-1604 or call (800) 872-7732 –
Fax (419) 891-9192 For all other shipments, please contact
our Customer Service Department as indicated above or
check our
International Locations page. |
