ACCEPTANCE: These terms and conditions and the information on the quotation embody the entire agreement between the Buyer and Seller. Any additional, different, or inconsistent terms or conditions contained in any document used by Buyer shall be of no force or effect unless specifically agreed to in a separate written instrument signed by an authorized representative of Seller.
CREDIT APPROVAL: This quotation is conditioned upon Seller’s review and approval of Buyer’s credit. Seller shall not be obligated to reserve stock for Buyer’s order or release the Buyer’s order for production until Seller has obtained satisfactory evidence of Buyer’s creditworthiness.
DELIVERY: Delivery will be FOB Seller’s plant. Shipping dates are estimates only. Risk of loss passes to Buyer upon delivery of products to the carrier at the shipping point. In the absence of specific instructions from Buyer, Seller will exercise its discretion as to the method of shipment.
UNAVOIDABLE DELAY: If Seller is unable to complete and ship goods to Buyer because of events beyond Sellers control, the estimated delivery time will be extended accordingly and Seller will not be liable to Buyer for any damages caused by the delay.
TAXES: Unless otherwise indicated, the prices set forth in this quotation do not include applicable federal, state, and local taxes. Seller agrees to pay any and all personal property taxes ad valorem or value added, assessed or otherwise levied against any property placed in the hands of Buyer by Seller.
WARRANTY AND LIMITATIONS: Seller warrants that the equipment being sold will be free from defects in material and workmanship, under normal use and service, for a period of 14 days from the date of Buyer's receipt. If the equipment, or any part thereof, is found to be defective within the period, Seller will, at its option, replace the defective equipment or refund the Buyer's money upon return of the defective material. This warranty shall not apply to any apparatus, component, or assembly altered by Buyer or its agents or employees.
SELLER MAKES NO OTHER WARRANTY, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE NO LIABILITY TO BUYER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES.
MANUFACTURER’S WARRANTY: In the case of standard components, apparatus, or equipment furnished, but not manufactured by Seller (such as motors, heaters, valves, regulators, controls, etc.), Seller assigns to Buyer the warranty provided by the manufacturers, but Seller makes NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE as to such components, apparatus, and equipment. Replacement of such component parts not manufactured or warranted by Seller will be at Seller’s standard service charge for time and travel.
APPLICABLE LAW: This transaction shall be governed by and interpreted in accordance with the laws of the state of Michigan.