TERMS AND CONDITIONS
Terms and Conditions
Vacuum Pump Repair USA reserves a purchase money security interest in each of the products listed on the face hereof in the amount of its purchase price. These interests will be satisfied by payment in full by the Purchaser. A copy of this Order (or Invoice) may be filled on Vacuum Pump Repair USA’s behalf with appropriate state authorities at any time after a signature by the Purchaser as a financing statement in order to perfect Vacuum Pump Repair USA’s security interest. Such filing does not constitute acceptance of this Order (or Invoice) by Vacuum Pump Repair USA.
- This order (or Invoice) constitutes an offer to purchase by the Purchaser and shall in no way be construed to constitute a binding agreement upon Vacuum Pump Repair USA until an authorized officer of Vacuum Pump Repair USA accepts this Order (or Invoice) and Vacuum Pump Repair USA shall reserve the right to accept or reject this Order (or Invoice) at its sole discretion.
- The salesmen or agents of Vacuum Pump Repair USA or its authorized distributor are not authorized to make any representations, promises or warranties regarding the products listed on the face hereof or any other Vacuum Pump Repair USA products on behalf of Vacuum Pump Repair USA or in any manner that may obligate Vacuum Pump Repair USA to the Purchaser of the products except to the extend of whatever, if any, express representation, promises or warranties that Vacuum Pump Repair USA may offer in writing directly to the Purchaser.
- Vacuum Pump Repair USA shall not be liable for any delay in its performance of any of the terms of this Order (or Invoice), or in its delivery of shipment and/or installation supervision of the products ordered herein, or for any damages suffered by the Purchaser by reason of such delay is directly or indirectly caused by, or in any manner arises from, fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortages of labor, fuel, power, materials or suppliers, transportation delays, or any other causes (whether or not similar in nature to any of these herein before specified) beyond its normal and direct control.
- Vacuum Pump Repair USA shall not be liable to the Purchaser or to any other party claiming through Purchaser for any indirect, special, consequential or exemplary damages suffered by the Purchaser or such third party in connection with or arising out of the furnishing, performance or use of any of the products listed on the face hereof or by any reason of delays in Vacuum Pump Repair USA’s performance of any terms of this Order (or Invoice) for reasons other than those specified or contemplated in paragraph 4 herein; in such event, the sole remedy the Purchaser shall have against Vacuum Pump Repair USA shall be limited to the replacement value of the products order herein. (This paragraph is not intended to apply to any injuries to the person of the Purchaser or any third party claiming through Purchaser.)
- Unless otherwise agreed to in writing by Vacuum Pump Repair USA, all transportation shall be at the expense of Purchaser. Vacuum Pump Repair USA reserves the right to ship products freight collect. Risk of loss and or damage shall pass to Purchaser upon delivery of the Products to the transportation company at the F.O.B. point. Unless otherwise expressly agreed to by Vacuum Pump Repair USA in writing, the F.O.B. point shall be the loading dock of Vacuum Pump Repair USA’s place of business from which the product is shipped. As used in the clauses appearing herein, “delivery” shall occur when Products are delivered at the F.O.B. point. Confiscation or destruction of or damage to Products shall not release, reduce or in any way affect the liability of Purchaser therefore. Notwithstanding any defect or nonconformity or any other matter such risk of loss and/or damage shall remain in Purchaser after the Products are returned at Purchaser’s expense to such place as Vacuum Pump Repair USA may designate in writing. All products must be inspected upon receipt and claims should be filed with the transportation company when there is evidence of shipping damage either concealed or external.
- The terms and conditions specified herein, or elsewhere, may not be modified or added to, and any attempt to do so shall not be binding upon Vacuum Pump Repair USA, whether or not such attempt is made by the salesmen or agents of Vacuum Pump Repair USA or of its authorized distributor, unless a prior written consent, signed by an authorized officer of Vacuum Pump Repair USA is given.
- If any provisions of this Order (or Invoice) shall be held to be invalid, illegal or unenforceable, the validity, legality and enforce-ability of the remaining provisions shall not in any way be affected or impaired thereby.
- This Order (or Invoice) is not assignable without the prior written consent, signed by an authorized officer of Vacuum Pump Repair USA. Any attempt to assign any of the rights, duties or obligations of this Order (or Invoice) without such consent is void.
- No action, regardless of form, arising out of this order (or Invoice) may be brought by either party more than two (2) years after the cause of action has arisen.
- Vacuum Pump Repair USA shall be entitled to receive from the Purchaser all costs and expenses reasonably incurred in the collection of the amount owing here under by the Purchaser, including reasonable attorneys’ fees, collection fees and court costs in the event an action is filed for collection. This Order (or Invoice) shall be construed and governed by the laws of the State of California.
- The Purchaser acknowledges that the prices specified in this order (or Invoice) are the quoted prices applicable to the products according to Vacuum Pump Repair USA’s Price List in effect at the time, and consequently, Vacuum Pump Repair USA reserves the right to adjust the said prices in accordance with the Price List which is in effect at the time of shipment of the products. However, in the event such adjustment by Vacuum Pump Repair USA becomes necessary, Vacuum Pump Repair USA shall notify the Purchaser of the adjustment prior to shipment and shall ship the products only upon receipt of a consent to do so from the Purchaser.
- It shall be the responsibility of the Purchaser to have the products listed on the face hereof moved in and on the premises of said Purchaser into the area where it is to be installed and used.
- Vacuum Pump Repair USA warrants each standard Product manufactured and sold by it to be free of defects in materials and workmanship for such period of time and under such conditions as are specified herein or as may be specified by Vacuum Pump Repair USA on the face of its quotation or otherwise reduced to writing and expressly approved by Vacuum Pump Repair USA. The warranty period so specified by Vacuum Pump Repair USAC shall commence on the date of shipment from Vacuum Pump Repair USA to the original purchaser. If no period of time is stated then Vacuum Pump Repair USA’s warranty for standard Products is limited to one (1) year from date of delivery. Repair or at Vacuum Pump Repair USA’s option replacement of defective parts shall be the sole and exclusive remedy under warranty provided that Vacuum Pump Repair USA may as an alternative elect to refund an equitable portion of the purchase price of the Product. Items expendable in normal use are not covered by this warranty. A warranty replacement or repair of parts shall be limited to Product malfunctions which in the sole opinion of Vacuum Pump Repair USA are due or traceable to defects in original materials or workmanship. All obligations of Vacuum Pump Repair USA under this warranty shall cease in the event of abuse, accident, alteration, contamination, misuse or neglect of the Product. In warranty repaired or replacement parts are warranted only for the remaining unexpired portion of the original warranty period applicable to the repaired or replaced parts. After expiration of the applicable warranty period Purchaser shall be charged at the then current prices for parts, labor and transportation. Reasonable care must be used to avoid hazards. Vacuum Pump Repair USA expressly disclaims responsibility for loss or damage caused by use of its Products other than in accordance with proper operation procedures. No warranty is provided by Vacuum Pump Repair USA for products sold here under which are not manufactured by Vacuum Pump Repair USA, but the manufacturer’s warranty for such products if any shall be assigned to the Purchaser without recourse to Vacuum Pump Repair USA. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY AND OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF Vacuum Pump Repair USA UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING BY Vacuum Pump Repair USA.
- Vacuum Pump Repair USA warrants that at the time of delivery expendable items or Products manufactured and sold by it here under are free from defects in material and workmanship and conform with Vacuum Pump Repair USA’s specifications or other specifications expressly agreed to in writing by Vacuum Pump Repair USA. BUT Vacuum Pump Repair USA SHALL HAVE NO OTHER OR FURTHER RESPONSIBILITY THEREFORE WHATSOEVER AND Vacuum Pump Repair USA DISCLAIMS IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS WITH RESPECT THERETO. In the event an Order (or Invoice) is accepted by Vacuum Pump Repair USA and the Purchaser, such Order (or Invoice) cannot be cancelled or terminated by the Purchaser without payment of a cancellation or termination fee to be determined at the sole discretion of Vacuum Pump Repair USA. Such cancellation or termination fee may or may not be set forth in this Order (or Invoice) and should such cancellation or termination fee not be set forth in this Order (or Invoice) that is not to be construed as a waiver on the part of Vacuum Pump Repair USA in assessing any cancellation or termination fee at a future date. Any cancellation or restocking charge imposed by a supplier on Vacuum Pump Repair USA will be accepted and paid by the Purchaser as part of the quotation contract settlement. An additional ten percent (10%) charge may be applied by Vacuum Pump Repair USA.