|
|
- The definition of terms used in the interpretation of this agreement and the rights of the parties hereto shall be construed under the laws of the State of Illinois. "Seller" when used herein means Kemper Valve & Fittings. "Purchaser" when used means the person, firm or corporation to whom this invoice is addressed and "goods" means those articles, materials, supplies, technical services, data, labor or other property or service described on the invoice.
- Unless otherwise provided expressly on the invoice, prices invoiced will be those in effect on the date of the shipment. Any prices quoted are F.O.B. Seller's point of shipment and do not include sales, or similar taxes. The right is reserved to correct the price on any order or quotation due to data input, typographical or mathematical errors.
- Delivery dates if shown are approximate and are based on prompt receipt of a firm order and full information at the Seller's office.
- Seller warrants goods and their manufacture hereunder for one year from date of delivery against defects in material or workmanship except for parts furnished on a repair and return basis. The obligation of the Seller and Purchaser's sole and excusive remedy hereunder shall be limited at Seller's option to the following:
- To replace or repair any goods or parts which are returned to the Seller within the period aforesaid, transportation charges prepaid and there determined by Seller not to be as warranted.
- Should the goods or parts be determined by the Seller to be so defective as to preclude the remedy of warranted defects by replacement or repair, Purchaser's sole and exclusive remedy shall then be a refund of the purchase price, less a reasonable change for any utilization by Purchaser.
- Notwithstanding the foregoing, the Seller shall have no obligation hereunder if the goods or parts become defective in whole or in part as a result of removal, improper use, operation above specified performance, or misapplication thereof after delivery to Purchaser.
- Purchaser shall pay freight changes in connection with return or replacement of the defective parts or goods. Any parts and accessories, as well as material made by other manufactures, are warranted only to the original manufactur's warranty to Seller. EXCEPT AS SET FORTH HEREIN, IT IS EXPRESSLY AGREED THAT THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY, NO WARRANTY EXPRESS OR IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT OR PROMISE BY THE SELLER WITH REFERENCE TO THE GOODS, PARTS OR SERVICES SET FORTH HEREIN, AND THAT PURCHASER ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS, PARTS OR SERVICES SOLELY ON THE BASIS OF THE COMMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN.
- In no event shall the Seller be liable for special, consequential or other damages, nor for less of anticipated profits, nor for less of or use of any equipment, installation, system, operation, or service into which the goods or parts as well as materials may be put or the services performed. This limitation on Seller's liability shall apply to any liability for default under or in connection with the goods, parts, or services, as well as materials delivered hereunder, whether based on warranty, failure of or delay in delivery or otherwise.
- Any suit for claims arising out of or related to any goods must be brought not later than one year after the goods are delivered to Purchaser or the agent of Purchaser.
- It is expressly recognized by both parties that Seller retains title to delivered goods until such time as payment is made in full by Purchaser. The parties expressly agree that the signing of a carrier delivery ticket by a representative of Purchaser constitutes a security agreement as contemplated by Article 9 of the Uniform Commercial Code and insures Seller's title of delivered goods. Said security agreement shall continue until Seller receives full payment for delivered goods secured hereby.
- The Seller's goods and parts are highly engineered and constantly subject to engineering refinement and improvement, of necessity. Therefore, the Seller reserves the right to change any aspect of the goods, parts, or material, and the prices or rates therefore at any time.
- TERMS: NET 30 days from the date of invoice, no cash discount. Interest at rate of 12 percent per annum charged on past due accounts. Discounts from list prices shown on invoice are valid for invoices paid on time. Seller reserves the right recover all such discounts for late payment invoices.
- All payments are due at Seller's place of business in Island Lake, Lake County, Illinois.
- All claims for shortages must be made within 30 days after shipment.
We acknowledge and accept the Kemper Valve & Fittings "Terms and Conditions" of payment.
(Effective upon Acceptance of Purchase Order and Issuance of Invoice)
|
|
