Amstech Power Products, L.L.C.
Effective: January 5, 2023
These Terms and Conditions of Sale, in conjunction with any specific terms set out on the quotation or in any other document issued by Amstech Power Products, L.L.C. (herby known as Amstech) and specified in the quotation shall constitute the entire contract between Amstech and the Customer. No variation of these Terms and Conditions of Sale shall be effective or binding upon Amstech unless in writing and signed by an authorized employee of Amstech. These conditions are in addition to those, which our Principles may already have. Failure of Amstech or its Principle to object to the provisions contained in any Purchase Order or other writing of Buyer shall not be construed as a waiver of these Terms and Conditions of Purchase or any of them, nor an acceptance of any Terms and Conditions of the Buyer. Exceptions are only as Amstech otherwise agreed to in writing and is signed by a duly authorized representative of Amstech. Each Principle has it's own Terms and Conditions of Sale which are also applied to each and every order without exception and available upon request from Amstech or our Principle. Our Principle is sole responsible for their own Terms and Conditions of Sale.
QUOTATIONS AND PRICES
Written quotations are valid for specified days stated from the date they are issued. Prices are in US Dollars and firm for goods that are on order unless the shipping date is beyond 3 months from the date the order was placed though significant raw material fluctuations may alter a specific Principles policy in this regard which will over ride this provision. Items not released will be subject to the market price at the time of release. Standard list prices are subject to change without notice. All clerical mistakes and non-intentional errors and omissions are subject to correction. The Customer must insure that raw sizing data provided and/or used is correct and any factor which may inhibit or modify the performance of the equipment are noted. All prices are FOB shipping point, no freight allowed. All prices are subject to appropriate sales taxes if applicable and if not paid to or accepted by the principle, it is the responsibility of the customer to pay directly to their State Agency. All quotations, delivery dates and other agreements are contingent upon strikes, accidents, fire, weather, availability of materials, transportation delays, acts of God, and all other causes beyond our control and dependent upon our prompt receipt of all details necessary for the execution of customerís order.
MINIMUM ORDER VALUE
Amstech will not execute any order with a total value of less than our Principle has a policy of accepting.
ACCEPTANCE OF ORDER
Orders based on valid quotations are subject to acceptance by an authorized employee of Amstech. Amstech is not obliged to execute any order received other than in writing. All orders and Conditions of Sale are subject to our Principles acceptance, which is beyond our control.
TERM OF PAYMENT
Net 30 Days, (on approved credit). Some orders may be charged to Visa, MasterCard or American Express. Credit card and other methods of payment are at the sole discretion of our Principles, and may involve additional charges. Should credit not be available, a prepayment or C.O.D. may apply. No retention of payment or charge back is permitted under any circumstance!
DELIVERY AND SHIPMENT POLICY
Delivery of the equipment to a common carrier at any of our Principles location shall constitute delivery to purchaser and, regardless of freight payment; title and all risk shall pass to purchaser at that time. Great care is taken in packing the Principles products. Amstech and our Principles cannot be held responsible for damaged goods, which were delivered, in good condition to the carrier. Amstech or our Principles may assist customer in making a claim and shall expedite replacement materials to satisfy the claim. Claims for shortages or other errors must be made within 10 days from the date of shipment. Amstech will communicate the anticipated ship date when acknowledging the status of an order. This is an estimated date, and shall not constitute a term of any contract. Our Principles reserve the right to invoice and the Customer shall pay for the value of the goods and/or storage fees in the event shipment is delayed at the customerís request beyond this date. Should the Customer refuse shipment, or at the third party destination the Customer assumes all redelivery or redirection costs. Title shall pass to the Customer on the date of invoice, and as such shall be responsible for any insurance coverage. Amstech and our Principle has absolutely no liable for any consequential or incidental damages resulting from delayed shipments.
Freight prices may be provided and included as a courtesy. These prices reflect surface or ground transportation utilizing a common carrier FOB destination unless otherwise specified. Updated freight costs are available at the time of order should this exceed the 30 day validity. Specific needs are not included such as a calls 24 or 48 hours before delivery, specific truck size restrictions, time of day or date restrictions, Union (Teamsters) driver, site safety training, off loading capabilities and special drop decks or elevated platforms requirements must be noted in the quote and addressed in advance of shipment. Re-consignment, storage, or address corrections will involve additional charges. No special insurance, permitting, training, or bonding is included. This does not include off loading at the site.
DRAWINGS & DATA
All drawings, data, designs, engineering instructions, models, specifications and other technical information whether written, oral or otherwise supplied by or on behalf of Amstech or its Principle specifically in connection with performance of this order shall be and remain the property of Amstech and or itís Principle.
Amstech provides NO warranty for the equipment. All warranties are directly from our Principles and beyond our scope of influence. All claims must be made directly to that Principle. This warranty is typically limited to repair or replacement of the defective equipment and does not include removal, installation, or transportation charges. The goods are sold hereunder as is, no other warranties apply to the goods and no other warranty of any kind, express, implied or statutory, whether in relation to merchantability, hidden defects, fitness for particular purpose, sudden and unforeseen malfunctioning of any equipment, course of performance, course of dealing, usage of trade, non-infringement or otherwise is given by Amstech or our Principle to the customer or any other party. The exclusive remedy shall not be deemed to have failed in its essential purpose so long as Principle is willing and able to replace the non-conforming goods or issue a credit to the Customer within a reasonable time after the Customer proves to Amstech and our Principle that non-conformity is involved. If a credit is the chosen resolution it will be for the material or product purchased only and the process will be deemed complete. Standard or extended warranties do not include consumables. The warranty does not cover cosmetic damages in transit, damages due to receiving, installation, re-installation, fire, flood, or other acts of God, accident, misuse, abuse, tampering, repair or alteration by other than factory service, negligence, or improper or neglected maintenance.
LIMITATION OF DAMAGES
Amstech or its Principle shall not be liable for any claims arising from special, indirect or consequential damages nor from any loss of production or other losses resulting from the failure of equipment. The company shall not be responsible or liable for delays or failures to deliver due to causes beyond our control such as strikes, fire, failure of machinery, unavailability of materials, transportation, or acts of God. The Customer will indemnify, defend and hold harmless Amstech and its Principleís from and against all liability, demands, claims, losses, costs, damages and expenses arising by reason or on account of property damage, death or personal injury of whatsoever nature or kind which may arise as a result of or in connection with performance of this order and which is occasioned by the actions or omissions of the Customer, Amstech, or its Principles. Installation, operation, connection should only be done by licensed, insured, skilled, trained, or qualified personnel and companies with all the appropriate permitting and under the direction of a licensed engineer. The Customer shall follow all National Electric Code (NEC), local electrical and building safety codes, in addition to Occupational Safety and Health Act (OSHA) requirements. Connections and unions can come loose during transport, handling, and installation and should be checked prior to startup. Always use the appropriately sized conduit and breakers as per local building codes and NEC requirements and insure the equipment is properly anchored and has the required ventilation and clearances.
An order accepted by Amstech and our Principles may be cancelled only with Amstechís approval and upon terms safeguarding Amstech and our Principle from loss. If approved this may involve a cancellation charge.
Amstech and our Principles will accept non-warranty product returns at Amstechís sole discretion. Claims must be made within 30 days of receipt of order. No returns will be accepted without a Return Materials Authorization Number (RMA #). All returns will be subject to inspection. Acceptable returns will be subject to a re-stocking charge, which must be agreed to before the RMA # is issued. All returns must be shipped pre-paid and package so as to inhibit damage in transit.
RETENTION OF TITLE
Without prejudice to the provision set forth in the other sections, the property of goods/products sold shall not pass to the Buyer/Customer and shall remain the sole and absolute property of the Seller/Principle until full payment thereof and the Buyer/Customer shall hold the goods/products as a bailee and trustee for the Seller/Principle. The Seller shall be entitled, after communication to the Buyer/Customer, to regain possession of any and all of the goods/products on which the Seller/Principle retains legal and equitable title. In case the payment of the price can be performed, according to an explicit written agreement between the parties, by means of checks, bills, drafts or cash orders, the goods/products shall standard conditions of sales continue to belong to the Seller/Principle until the definitive collection of the credit instruments. The possible renewal shall not have novative effects. During the period in which the Seller/Principle retains the title on the goods/products, the Buyer/Customer shall sell the goods/products as a Seller/Principleís agent and for its account to solvent purchasers, at a normal commercial prices, and on condition that the benefit of all agreement for the sale and the proceeds of all sales of any of the goods/products shall be held by the Buyer/Customer on trust for the Seller/Principle and the amount thus collected shall be set aside for payment of the goods/productsí price.
PRINCIPLES STANDARD TERMS AND CONDITIONS OF SALE
It is the customerís sole responsibility to obtain and abide by our Principles Standard Terms and Conditions of Sale which is available from them directly and maybe incorporated into their price lists, literature or websites and can be provide by Amstech upon request.
The provisions stipulated herein supersede any communication expressed or implied, written or verbal, between the parties thereto, and shall constitute the sole and entire agreement. No modification shall be made by either party, unless it is in writing and duly accepted by Amstech and our Principles and the purchaser. Amstech and our Principleís failure to object to provisions contained in the purchaserís purchase order or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. The purchaser assumes all risks and liability for all loss, damage, or injury to person or property resulting from the use of the product Amstech and our Principles assumes no liability for consequential, special, or incidental damages.
In the event either party shall breach any of the material terms and conditions of this agreement, the aggrieved party shall notify the other party. The offending party shall have ten (10) days to correct the identified breach. In the event of the order being canceled or terminated by the customer, the agreement will not be null and void unless approved in writing by Amstech and our Principle. The Customer shall be obligated to pay our Principle and Amstech for all Parts, Labor, and Services already provided and shall continue to observe the limitations set forth in this agreement.
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