R.W. Engineering, Inc. Terms and Conditions of Sale Disclosure
Sale of any equipment or services described or referred to herein at the prices indicated is expressly conditioned upon the terms and conditions set forth below. Any order for or any statement of intent to purchase any such equipment or services, or any direction to proceed with engineering procurement, manufacture, or shipment, shall constitute assent to said terms and conditions and a representation that the purchaser is solvent. Any additional or different terms or conditions set forth in any such communication from the Purchaser are hereby objected to by R.W. Engineering, Inc., hereinafter referred to as "Seller", and shall not be effective or binding unless assented to in writing by an officer of the company.
DELIVERY - Shipping dates are approximate and are based upon shipping promises given us by the manufacturer and are contingent upon prompt receipt of all necessary Information.
The Seller shall not be liable for delays in delivery or in performance or failure to manufacture or deliver, due to (1) causes beyond its reasonable control, including errors in manufacture or (2) acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, or other labor disturbances, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability on account of causes beyond its reasonable control to obtain necessary labor, materials, components, or manufacturing facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of delay.
START-UP SERVICE - On certain equipment start-up service is available from the Seller at per diem rates plus lodging and traveling expenses but is not included unless specifically quoted. There will be an additional charge for time used exceeding the number of days quoted.
ELECTRICAL EQUIPMENT - Equipment includes only the electrical components referred to in the quotation. Charges arising from any local, state or provincial regulations necessitating charges to electrical equipment are for the customer’s accounts, unless equipment has been specifically quoted to meet these regulations.
PERFORMANCE - Where performance figures are specified, the equipment offered is based on our experience and information supplied by the manufacturers and best judgment of the Purchaser's requirement.
Should any modifications be required to meet performance specifications, we reserve the right to make these modifications, at our expense. If, in our judgment, a modification problem cannot be readily and economically rectified, it is our option to remove the equipment and refund all payments made to us by the Purchaser. No other charges will or can be assessed by either the Purchaser or Seller.
CLAIMS - Claim of shortages or errors must be made within five (5) days after receipt of shipment.
PAYMENT AND TERMS:
TAXES - Any tax or other governmental charge now or hereby levied upon the production, sale, use of shipment of goods ordered or sold will be charged to and paid for by the Purchaser. Such taxes are not covered in the Seller’s price unless expressly so quoted.
TERMS OF PAYMENT - Unless other terms are specified, payment shall become due 30 days from date of invoice. If shipment is delayed by the Purchaser, date of readiness for shipment shall be deemed to be date of invoice for payment purposes. If, in the Seller's judgment, the Purchaser’s financial condition at any time does not justify the terms specified, the Seller may require full or partial payment as a condition to commencing or continuing manufacture, or in advance of shipment, or, if shipment has been made, recover equipment from the carrier. Down payments will be required on all complete or “turn key" proposals.
FREIGHT - Unless otherwise stated, prices are F.O.B. shipping point.
CANCELLATION - The Purchaser may cancel his order only upon payment to the company of reasonable and proper cancellation charges.
CHANGES - Changes in the specifications on which Purchaser's order covered by this Proposal is based will not be accepted unless requested in writing and any change in price is agreed to in writing.
PATENTS - R.W. Engineering, Inc., does not design or manufacture any equipment. Purchaser will be protected and defended against any suit or proceeding brought against the Purchaser only under the standard patent protection clause offered by the various manufacturers of equipment sold by R.W. Engineering, Inc. Copies of these clauses will be furnished by R.W. Engineering, Inc. upon written request by the Purchaser.
QUALITY AND GUARANTEE - Only those warrants and guarantees offered by the manufacturer of any equipment sold by R.W. Engineering, Inc. are offered to the Purchaser and only to the extent that they are transferable to the Purchaser, copies of these warrants and guarantees will be furnished by R.W. Engineering, Inc. upon written request by the purchaser.
LIMITATION OF LIABILITY - The Seller’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach (hereof, or from the design, manufacture, sale, delivery, resale, installation, inspection, repair operation or use of any equipment covered by or furnished under this contract shall in no case, (except as provided in the paragraph entitled, “Patents"), exceed the price allocable to the equipment or unit thereof which gives rise to the claim.
In no event whether as a result of breach of contract or warranty or alleged negligence, shall the Seller be liable for special or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, or claims of customers of the Purchaser for such damages.
REGULATORY LAWS AND/OR STANDARDS - The Seller makes no promise or representation that its product will conform to any state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon for compliance In writing as a part of the contract between buyer and the company. The Seller's prices do not include the cost of any related inspection permits or inspection fees.
GENERAL - All quotations are made, and all orders are accepted by the Seller with reference to the laws of the State of Kansas and the rights and duties of all persons and the construction and effect of all provisions thereof shall be governed by and construed according to the laws of that state.
Should any terms or provisions contained in these conditions violate any or be involved under applicable law, the contract of which these conditions form a part shall not fail by reason thereof but shall be construed in the same manner as if such terms or provisions had not appeared herein.
The Seller represents that any goods to be delivered hereunder will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.
Any assignment of this contract, or any rights hereunder, by the Purchaser without written consent of the company shall be void. The provisions of this contract are for the benefit of the parties thereto and not for any other reason.