Press Room Equipment Co. (The Seller)
807-A N. Prince Lane, Springfield, MO 65802
Terms and Conditions of Sale
Effective Date: January 1, 2012
Order Acceptance. All orders or services are subject to acceptance of Missouri by the written approval of an authorized official of the seller. Any such order shall be in these Conditions of Sale, and acceptance shall be conditions, which assent shall be deemed given unless purchaser shall expressly notify The Seller in writing to the contrary within five days after receipt of acknowledgment of confirmation of an order.
Cancellation and Alterations. No order accepted by The Seller may be altered or modified by purchaser unless agreed in writing and signed by an authorized official of The Seller, and no such order may be canceled or terminated except upon the following conditions.
- Any of our products which can be completed within 30 days of our request to stop work or cancel will be shipped and you agree to accept the shipment and to pay for it in full at the price agreed upon.
- Subject to (a) above, all work in connection with such order will be stopped within a reasonable time upon receipt of your request, and you agree to pay us for all work in process and any raw materials or supplies used, of for which commitments have been made by us in connection therewith, on the basis of our full costs and expenses computed in accordance with this Company's standard practice, plus 15% thereof.
Quotations and Prices. Written quotations automatically expire 30 calendar days from the date issued unless sooner terminated by notice (Verbal quotations expire, unless accepted in writing, the same day they are made.)
All published prices and discounts are subject to change without notice. In the event of a net price change, the price of the equipment order will be the price in effect on the date order was received, except that if delivery is delayed upon instructions from purchaser, prices shall be those in effect when the instructions are received to proceed with the order. Any addition to an outstanding order will be accepted at prices in effect when addition is accepted.
Minimum Billing. Orders amounting to less than $ 20.00 net will be billed at $ 20.00.
Taxes. Any manufacturer's Tax Retailers Occupation Tax, Use Tax, Sales Tax, Duty, Custom, Inspection or Testing Fee, or other tax, fee or charge of any nature whatsoever, imposed by any government authority, on or measured by any transactions between The Seller and purchaser, shall be paid by purchaser in addition to the prices quoted or invoiced. In the event The Seller shall be required to pay any such tax, fee or charge, purchaser shall reimburse therefore.
Terms of Payment. Standard catalog items up to $ 15,000.00 per order net 30 days firm. Orders exceeding $ 15,000.00, 1/3 with order, 1/3 prior to shipment, 1/3 net 30 days. 1-1/2% per month late charges will apply. For custom and special equipment, terms are as follows: 45% payment with order, 45% payment prior to shipment, and 10% payment net 30 days. All orders requiring a payment with order will not be entered into the production schedule until payment has been received. Delivery dates will be adjusted to reflect receipt of payment.
Acceptance Terms Custom and Special Machines. Customer must supply a reasonable amount of sample material along with an authorized representative for the machine run-off prior to shipment from our plant. In lieu of the authorized representative in attendance the customer may elect to accept video tape of the machine run-off test as acceptance. If customer elects not to supply test material the machine will be shown running "dry" or with "on-hand" material samples. After viewing operation, either in person or video tape, customer must sign acceptance form stating machine meets quoted parameters. This form must be signed prior to shipment from our plant.
F.O.B. Point. All sales are F.O.B. Springfield, Missouri unless otherwise quoted.
Delivery. Delivery of equipment by The Seller to a carrier shall constitute delivery to purchaser and regardless of freight payment, title and all risk of loss or damage in transit shall pass to purchaser at that time.
Should shipments be held beyond scheduled date for convenience of purchaser, equipment will be billed and charges wil be made for warehousing, trucking and other expenses incident to such delay.
Great care is taken by The Seller in crating its equipment. The Seller cannot be held responsible for breakage after having received "In good order" receipts from the transportation carrier. All claims for loss and damage ust be made by purchaser to the carrier, but The Seller will assist in securing satisfactory adjustment of such claims.
Terms and Conditions
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Claims for shortages or other errors must be made in writing to The Seller within 15 days pf receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by purchaser.
Shipping Schedules. All quoted shipping schedules are approximate and will depend upon prompt receipt from purchaser of all blueprints and other information necessary for the design and manufacture of the equipment by The Seller.
Return of Equipment. No equipment may be returned without first obtaining The Seller's written return goods authorization number. Collect shipments will not be accepted. A restocking charge will be assessed by The Seller on all returned equipment.
Warranty. Press Room Equipment Co. expressly warrants for a period not to exceed twelve (12) months from the date of shipment, as determined by the bill of lading, or 2,080 hours of operation (whichever occurs first), that the equipment will perform and function in accordance with the Seller's specifications set forth in quotation and will be free from defects in materials and workmanship, provided that:
- the product is properly handled by purchaser from the time Buyer takes delivery, takes possession and exercises control over the product which includes its proper storage in accordance with reasonable and acceptable industry standards for such products: that
- the equipment is properly installed: that
- the equipment is operated by properly trained personnel within the rating and actual operating requirements for the equipment as provided in Seller's specifications; and that
- the equipment is properly maintained in accordance with Seller's parts and safety manual or in accordance with acceptable industry standards or approved by Seller's authorized personnel.
These warranties do not cover damage resulting from Buyer's misuse, any alteration or attempted repair of the equipment by its own personnel or by a third party not authorized by Seller.
If the equipment does not perform or function in accordance with Seller's specifications or any defect in materials or workmanship supplied by Seller is discovered during the warranty period which develops under the proper or normal use of the equipment, and the Buyer verbally notifies Seller, confirming in writing within fourteen (14) business days, Seller shall correct such nonconformities within the specification or such defects, at its option by repairing the equipment or substituting a replacement part or parts for those which are defective, not to include labor, or in any such manner as agreed upon by Buyer and Seller. Seller will replace any components defective in materials or workmanship free of charge, shipped UPS ground or common carrier, prepaid. Any other form of shipping will be charged to customer.
ALL WARRANTY PARTS SHIPPED WILL BE INVOICED AND CREDIT ISSUED ONLY IF DEFECTIVE PARTS IN ANY CONDITION ARE RETURNED WITHIN 15 DAYS FROM INVOICE DATE.
In no case does the warranty apply to any failure or non-conformity with the specifications caused by or attributable to, any associated complementary equipment not supplied by Seller under the specifications; nor shall it in any case apply to the quantity or quality of the product of the Buyer or the process of manufacture on which the equipment is used.
These warranties do not cover damage or failure of components due to normal wear and tear. Component parts, such as O rings, gripper surfaces, and special wear surfaces.
Seller shall not be liable for scrap loss or try-out material, nor responsible for performance of Buyer's employees which results in scrap loss or performance below specifications.
Any liability of Seller to Buyer arising under this warranty, contract settlement, negligence or adjustment shall not, in any case, exceed the contract price for the equipment, and in no event shall include any consequential or indirect business damages or other damages alleged by Buyer casually related. It is agreed and understood that the price stated for the equipment is in part consideration for limiting Seller's liability.
SELLER'S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED. SELLER EXPRESSLY DISCLAIMS WITH RESPECT TO THE EQUIPMENT ALL IMPLIED WARRANTIES OF MERCHANTABLITLY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY NATURE MADE BY SELLER BEYOND THAT STATED IN THIS DOCUMENT.