Standard Terms and Conditions
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A. Shipment Terms:
Freight Collect, FOB Shipping Point
B. Payment Schedule:
Less than $50,000: Net 30 days (with approved credit).
Greater than $50,000: 25% Due upon receipt of order
40% Due upon receipt of Major Components
35% Due upon Shipment of Equipment
Progressive payments Net due upon receipt of invoice
Late Fees A late fee of 1½% per month shall be charged on all payments made after the due date.
C. Service/Commission Time:
No Start-up services are included in the base price of the units.
D. Validity:
This proposal is valid for thirty (30) days from date shown. Stock materials are subject to prior sale.
E. Miscellaneous:
No taxes, duties, boxing, or freight charges are included in the base price. Cancellation charges are at cost plus expenses and pro-rata profit. Orders are subject to acceptance by Best Pumpworks, LLC.
F. Other Terms and Conditions:
Best Pumpworks, LLC is herein called “Seller”. The persons, firm, or entity to which the quotation or invoice accompanying these terms & conditions is made is herein called “Purchaser”. The terms hereof may not be changed or superceded by any documentation of Purchaser, including purchase orders, bills of sale or other terms or conditions contained in Purchaser’s documentation, all of such terms being hereby objected to by Seller, unless such changes are expressly agreed to in writing and signed by Seller’s authorized representative. Acceptance is expressly limited to the terms and conditions contained herein. All purchase orders are agreed to be accepted in the state of Texas.
LIMITED WARRANTY
Seller warrants, for a period of eighteen (18) months from shipment or twelve (12) months from installation, whichever is earlier, that the equipment and/or parts sold hereunder shall be free of defects in materials and workmanship under normal use and service, provided that the equipment and/or parts are maintained in accordance with Seller’s instruction. Seller’s sole obligation under this warranty is to either repair or replace the defective equipment and/or parts. Replacement parts will be delivered ex-works shipping point and Seller may require the return of allegedly defective parts, freight pre-paid, to establish the warranty claim. This warranty is applicable if, and only if: a) the defect occurred under normal use and service; b) the defect arose from faulty workmanship or materials; c) Purchaser notified Seller in writing of the defect within ten (10) days of its discovery by Purchaser; and d) the equipment and/or part is properly employed in the use for which it was intended and has been maintained in accordance with any applicable Seller operation and service manuals. The warranty provided herein will be void if the equipment and/or part is: a) repaired or serviced by a service facility which was not authorized by Seller; b) repaired using replacement parts not manufactured or authorized (in writing) by Seller; or c) modified in a manner that is not approved (in writing) by Seller. The sole warranties provided on equipment and/or parts not manufactured or reconditioned by Seller are those which Seller obtained when it acquired said equipment and/or parts, and same are hereby assigned by Purchaser, without recourse, at the time of delivery and Seller makes no warranty with respect thereto. Accessories supplied by Seller but manufactured by others carry only the warranty the manufactures of such accessories have made to Seller and which can be passed on to Purchaser. Any descriptions, drawings, samples or similar materials used in connection with this sale are for the sole purpose of identifying the equipment and are not to be construed as a warranty that the equipment will conform to such description.
PURCHASER, IN ACCEPTING THE DELIVERY OF THE EQUIPMENT, PARTS AND/OR ACCESSORIES ACKNOWLEDGES THAT SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH RESPECT THERETO, EXPRESS OR IMPLIED, AND SELLER HEREBY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE OR DOWNTIME, AND LOST PROFITS OR SALES, WHICH ARISE FROM DEFECTS IN THE EQUIPMENT, PARTS, AND/OR ACCESSORIES OR FROM ANY OTHER CAUSE.
LIMITATION OF LIABILITY, INDEMNITY, REMEDIES AND GOVERNING LAW
Seller is not liable for and Purchaser hereby waives any right to bring any cause of action it has or may have against Seller for any delay damages or any consequential, incidental, indirect, exemplary, punitive or special damages arising out of (i) any breach of this agreement (or any sales transaction between Purchaser and Seller) or (ii) any breach of the aforesaid warranty or (iii) under any indemnity, strict liability, negligence or other legal or equitable theory. Purchaser also waives any claims for any damages to any property or injury or death to any person arising out of its purchase, the use, operation or maintenance of the equipment, parts and/or accessories sold hereunder. Seller will not be liable for any labor subcontracted or performed by Purchaser for installation, start-up, removal, and packaging for return to Seller’s factory or for preparation work for field repair or replacement. Seller’s obligations under the warranty and under this agreement (or in connection with any sales transaction between Purchaser and Seller) or under any indemnity, strict liability, negligence or other legal or equitable liability theory are expressly conditioned upon timely receipt by Seller of all payments in strict accordance with payment terms as stated on the front of any invoice to Purchaser, time being of the essence with regard to such payments. During the time when Purchaser is delinquent in any of its payments, Seller shall have no obligation under this agreement and this warranty and the expiration date of the warranty shall not be extended upon Seller’s receipt of the overdue amount.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SELLER’S TOTAL LIABILITY UNDER THE WARRANTY AND UNDER ANY SALES OR SERVICE TRANSACTIONS BETWEEN PURCHASER AND SELLER (REGARDLESS OF THE LIABILITY THEORY UPON WHICH THE CLAIM IS PREDICATED) SHALL BE LIMITED TO THE VALUE OF THE EQUIPMENT, PARTS AND/OR ACCESSORIES PURCHASED.
Seller and Purchaser each agrees to defend, indemnify, and hold harmless the other from any and all claims or controversies that result from the negligence or other legal fault of said party.
These terms and conditions, and any sales transaction between Purchaser and Seller, shall be governed and construed in accordance with the laws of the State of Texas. |
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