The Seller warrants to the
Purchaser that any equipment manufactured by it and bearing its
name plate to be free from defects in material or workmanship,
under proper and normal use and service, as follows: If, at any
time within one (1) year from the date of shipment, the
Purchaser notifies the Seller that in his opinion, the equipment
is defective, and returns the equipment to the Sellerís
originating factory prepaid, and the Sellers inspection finds
the equipment to be defective in material or workmanship, the
Seller will promptly correct it by either, at its option,
repairing any defective part or material or replacing it free of
charge and return shipping lowest cost transportation prepaid
(if Purchaser requests premium transportation, Purchaser will be
billed for difference in transportation costs).
If inspection by the
Seller does not disclose any defect in material or workmanship,
the Sellerís regular charges will apply.
This warranty shall be
effective only if use and maintenance is in accordance with
Seller's instructions and written notice of a defect is given to
the Seller within such period.
THIS WARRANTY IS EXCLUSIVE AND
IS IN LIEU OF ANY OTHER WARRANTIES, WRITTEN, ORAL OR IMPLIED.
SPECIFICALLY, WITHOUT LIMITATION, THERE IS NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
The liability of
the Seller shall be limited to the repair or replacement of
materials or parts as above set forth.
LIMITATION OF LIABILITY
The Seller shall not be liable for any claim or
consequential or special loss or damage arising or alleged to
have arisen from any delay in delivery or malfunction or failure
of the equipment.
The Sellerís liability for any other loss or
damage arising out of or connected with the manufacture or use
of the equipment sold, including damage due to negligence, shall
not in any event exceed the price of the equipment supplied by
Any quotation of price or terms shall be for
acceptance within 30 days. Unless otherwise indicated, prices
are F.O.B. Seller's Plant.
Prices do not include sales, use,
excise taxes, or other governmental charges upon the production,
shipment, or installation of the equipment covered hereby, and
where applicable, such taxes or charges, current or future,
shall be billed as a separate item and paid by the Purchaser.
Any indicated delivery date is approximate, and,
while the Seller shall use its best effort to make deliveries in
accordance therewith, the Seller shall not be liable for any
delays in delivery or damages therefrom.
specified, method of shipment will be selected by Seller, in its
PAYMENTS AND CREDIT
In the absence of a specific provision to the
contrary, terms shall be net and paid in full before shipment is
Payment terms of net 30 days is subject to our receipt of
Purchaser's purchase order and Seller's determination of credit
approval. If partial shipments are made, payments therefore
shall be due as above, pro rata.
All payments shall be in legal
currency of the United States. Sellerís prices prevailing at
time of each shipment shall apply.
TRANSFER OF OWNERSHIP
Shortridge Instruments, Inc. retains full and
complete legal title to, and all legal rights in the ownership
of any equipment which is shipped prior to receipt of payment.
Transfer of ownership to purchaser occurs upon receipt in our
office of full payment for the equipment, and all related
charges incurred in shipping, handling, documentation, service
charges or collection fees.
Purchaser may not transfer ownership
or encumber the subject equipment in any manner prior to full
discharge of all debts to Shortridge Instruments, Inc. which are
directly related to purchase of said equipment.
CANCELLATION AND RETURNS
Any order which has been accepted by the Seller
may be canceled only with the consent of the Seller, which shall
be given upon Purchaserís agreement to pay the Seller reasonable
Seller will not accept return of any
merchandise for credit unless its written consent thereto is
given in advance.
All orders are subject to acceptance by Seller at
its Main Office. Stenographic and clerical errors are subject to
No oral or subsequent modification or any other
foregoing general provisions or of any term or condition of any
order shall be binding unless agreed to in writing by the Seller
Shortridge Instruments, Inc. reserves the right
to make changes at any time, without notice, in prices, colors,
materials, specifications and models, and also to discontinue