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Delaware
Manufacturing
Industries Corporation
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DMIC Seller's Terms Of Sale1. All quotations are not binding and subject to satisfactory references and to confirmation when order is placed Seller reserves the right to correct clerical errors either before or after acceptance. 2. Seller is not to be responsible for any claims arising from delay in delivery, resulting from Lock-outs, Strikes, War, Riots, Mutinies, Fire, Act of God or other cause beyond Sellers control wherever occasioned. 3. If buyer requests changes in specifications or designs relating to any goods, delivery schedules shall be revised if necessary, and an equitable adjustment, upward or downward shall be made in price if warranted. 4. In no event shall Seller be liable for compensation or special damages arising out of delay in or failure of delivery, defects in material or workmanship, or arising out of a break by Seller of any other term or obligation of Seller under this contract. 5. Cancellations and reschedules are subject to acceptance by Seller, and are also subject to cancellation charges and price increases 6. Goods will be invoiced at prices ruling at the time of delivery; however every effort will be made to give prior notice of increases. 7. Goods returned without Seller’s written consent will not be accepted for credit. 8. Orders shall be governed and interpreted under the laws of the State of New York (USA) or the Province of Ontario (Canada). 9. Seller warrants the goods sold hereunder to be free from defects in material and workmanship, under normal use and service, for a period of six months from date of initial use, or one year from date of shipment form factory whichever is first. This warranty shall terminate six months after date of shipment from Seller’s plant and claims not made in writing within. The above warranty does not extend to goods damaged after date of shipment from Seller’s plant where the damage is not directly due to a defect in material or workmanship, nor does it apply to goods altered or repaired by anyone other than Seller’s authorized employees, nor to goods furnished by Buyer or acquired at Buyer’s request and/or to Buyer’s specifications. When claiming a breach of the above warranty, Buyer must notify Seller promptly whereupon Seller will either examine the goods at their site, or issue shipping instructions for return to Seller (transportation costs prepaid by Buyer). When any goods sold hereunder are proved not as warranted, Seller’s sole obligation under this warranty shall be to repair or replace the goods at its option, without charge to Buyer. The above warranty comprises Seller’s sole and entire warranty obligation and liability to Buyer, its customers and assigns connection with goods sold hereunder. All other warranties express or implied, including but not limited to, warranties of merchantability and fitness, are expressly excluded. Warranty will automatically terminate upon any default of payment. 10. Quotations are open for acceptance within 60 days. 11. Contracts and orders are only accepted upon, and subject to the Seller’s Condition of Sale, as herein printed. Unless expressly accepted in writing any qualification of these conditions in a Customer’s form (whether offer or acceptance) must be deemed to be, and will, treated as inapplicable. |
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Delaware
Manufacturing Industries Corp.
