RYAN HERCO FLOW SOLUTIONS PRODUCTS STANDARD TERMS & CONDITIONS OF SALE
1. ACCEPTANCE. Unless otherwise stated in a writing signed by Seller's duly authorized agent all quotations covering Seller's products are made and all contracts or orders for said products are accepted and all shipments are made on the condition that the Standard Terms and Conditions of Sale set forth herein shall be applicable. Any term in Buyer's purchase order or acceptance in addition to or not identical with these Terms and Conditions of Sale is objected to and these Terms and Conditions of Sale shall not be varied, qualified, modified, amended or interpreted by any prior course of dealing between the parties or by any usage or trade or in any manner other than by subsequent writing signed by Seller's duly authorized agent. All orders or contracts must be approved and accepted by a duly authorized agent of Seller. These Terms and Conditions of Sale shall be applicable whether or not they are attached to or enclosed with the products to be sold hereunder.
2. PRICES. Prices are subject to change without notice, and Seller's price in effect at the time of shipment will apply.
3. CANCELLATION. An order once placed with and accepted by Seller can be cancelled only with Seller's consent and upon payment to Seller of reasonable cancellation charges which shall take into account expenses already incurred, commitments made, and Seller's anticipated profit.
4. TAXES. The amount of any present or future sales, revenue, excise or other tax applicable to the products covered by this order, or the manufacture or sale thereof, shall be added to the purchase price and shall be paid by the Buyer or, in lieu thereof, Buyer shall provide Seller with an appropriate tax exemption certificate.
5. DELIVERY. All sales are F.O.B. Shipping Point / FCA Shipping Point. All claims for damages must be filed with the carrier. Shipping dates are approximate and are based upon prompt receipt from Buyer of all necessary information. In no event will Seller be liable for damages of any kind arising out of delay or non-delivery, due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil or military authority, war, riots, fire, explosion, flood, strike, lockout, injunction, accident, breakage of machinery or apparatus, or inability to obtain fuel, power, raw materials, labor, containers or transportation facilities. In the event of any such delay, the date of delivery shall, at the request of Seller, be deferred for a period equal to the time lost by reason of the delay.
7. CLAIMS AND RETURNS.
8. LIMITED WARRANTY ON PRODUCTS MANUFACTURED BY SELLER. The Seller warrants to the original purchaser that products of its own manufacture to be delivered hereunder will be free from defects in materials or workmanship under normal use and service for a period of one year from date of shipment. Seller's obligations under this Warranty are limited to replacing or repairing or giving credit for, at its option and at any of its plants, any of said products which shall, within one year after shipment, be returned to Seller's plant of origin, transportation charges prepaid, and which are, after products examination, disclosed to the Seller's satisfaction to be thus defective. This Warranty does not apply to defects caused by shipping damages, or to any products manufactured by Seller which have been subject to improper installation, misuse, neglect, accident, ordinary wear and tear, or Buyer's attempts to use any product beyond its mechanical, thermal or electrical capacity. The aforementioned provisions do not extend the original Warranty period of any product that has either been repaired or replaced by Seller.
THIS LIMITED WARRANTY OF SELLER, SUBJECT TO THE LIMITATION ON DAMAGES, IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED BEYOND THE DESCRIPTION ON THE FACE HEREOF, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ALL OTHER LIABILITIES OR OBLIGATIONS ON THE SELLER'S PART, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE SAID PRODUCTS. THIS LIMITED WARRANTY MAY NOT BE VERBALLY CHANGED OR MODIFIED BY ANY REPRESENTATIVE OF SELLER.
9. DISCLAIMER OF SELLER'S WARRANTY ON PRODUCTS MANUFACTURED BY OTHERS. Products not manufactured by Seller are covered, if at all, by the original manufacturer's warranty, copies of which are available on Buyer's request. Seller makes no warranty or representation whatsoever, expressed or implied, beyond the description on the face hereof including the warranty of merchantability and fitness for a particular purpose, with respect to products not manufactured by Seller.
10. APPLICABLE LAW. The validity, performance and construction of these terms and all sales there under shall be governed by the laws of the state in which Buyer's order is accepted by Seller.
CHECK FOR DAMAGE & VERIFY CONTENTS UPON RECEIPT
ANY OBVIOUS DAMAGE TO THE CARTON OR PACKAGES SHOULD BE IMMEDIATELY BROUGHT TO THE ATTENTION OF THE CARRIER DELIVERING THE SHIPMENT TO YOU AND NOTED ON THE DELIVERY RECEIPT. IF CONCEALED DAMAGE IS DISCOVERED WHEN MERCHANDISE IN UNPACKED, SAVE THE PACKAGES AND NOTIFY THE CARRIER FOR INSPECTION. YOUR CLAIM FOR DAMAGED MATERIALS SHOULD BE FILED AT ONCE WITH THE TRANSPORTATION COMPANY, AS THE RESPONSIBILITY OF Ryan Herco Flow Solutions PRODUCTS CEASES UPON DEIVERY TO THE CARRIER AT THE SHIPPING POINT. SHOULD YOU NEED ASSISTANCE WITH THE CLAIM, WE WILL BE GLAD TO HELP.
CLAIMS FOR SHORTAGES OR INACCURATE FILLING OF ORDERS MUST BE MADE TO Ryan Herco Flow Solutions PRODUCTS WITHIN TEN DAYS AFTER RECEIPT OF GOODS. THERE IS A MINIMUM OF 15% RESTOCKING CHARGE ON ANY UNUSED ITEMS RETURNED FOR CREDIT OR EXHANGE WHEN Ryan Herco Flow Solutions IS NOT IN ERROR.
RETURNED GOODS WILL BE ACCEPTED ONLY WITH PRIOR APPROVAL.