Press Room Equipment Co., LLC (“PRE”)
807-A N. Prince Lane
Springfield, MO 65802
Terms and Conditions of Sale
The following Sales Terms & Conditions shall govern all equipment, parts and/or service sales from Press Room Equipment Co, LLC (“PRE”) to the purchasing party (“Purchaser”).
Order Acceptance. All orders are subject to acceptance by the written approval of an authorized representative of PRE. Purchaser’s acceptance of these Sales Terms & Conditions shall be deemed given unless Purchaser expressly notifies PRE in writing to the contrary prior to Purchaser’s placement of the order. PRE rejects and voids any terms and conditions contained in the Purchaser’s purchase order or any other document unless otherwise agreed to in writing by an authorized official of PRE.
Cancellation and Alterations. No order accepted by PRE may be altered or modified by Purchaser unless agreed in writing and signed by an authorized official of PRE, and no such order may be canceled or terminated except upon the following conditions: (a) Any order which can be completed within 30 days of our receipt of your written 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 agreed upon price. (b) Subject to (a) above, all work in connection with any request to cancel an order will be stopped within a reasonable time upon receipt of your written request, and you agree to pay PRE for all labor and material used to point of cancellation, including any material or subcontractor commitments which have been made by PRE in connection therewith, on the basis of full costs and expenses computed in accordance with PRE’s standard practice, plus a cancellation fee equal to 15% of the cancelled purchase order value.
Quotations and Prices. Written quotations automatically expire 7 calendar days from the date issued unless terminated sooner 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 price change, the price of the equipment order will be the price in effect on the date order was received. Any addition to an outstanding order will be accepted at prices in effect when addition is accepted.
Taxes. Any sales or use 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 transaction between PRE and Purchaser, shall be paid by Purchaser in addition to the price quoted or invoiced. In the event PRE is required to pay any such tax, fee or charge, Purchaser shall be responsible for reimbursement to PRE.
Terms of Payment. Repair and replacement parts and standard catalog items up to $5,000 per order – Net 30 days. Orders $5,000+, 50% with order, 40% prior to shipment, balance Net 30. For custom and special equipment orders, terms are as follows: 30% payment with order, 30% half-way, 40% upon approval at PRE and prior to shipment. 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.
A 3% surcharge will be added to all invoices paid with a credit card, which is not greater than our cost of acceptance. A late payment fee of 1 ½% per month will be applied to all late payments.
Acceptance Terms Custom and Special Machines. Customer must supply a reasonable amount of sample material free of charge, DDP PRE, for the machine run-off prior to shipment. An authorized representative of the Purchaser must be present from machine run-off. In lieu of the authorized representative, the Purchaser may elect to accept video of the machine run-off test as acceptance. If Purchaser 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 on video – customer must sign acceptance form stating machine meets quoted parameters. This form must be signed prior to shipment.
F.O.B. Point. All sales are F.O.B. PRE, Springfield, Missouri unless otherwise quoted.
Delivery. Delivery of equipment by PRE 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 will be made for warehousing, trucking and other expenses incident to such delay.
Great care is taken by PRE in crating equipment. PRE cannot be held responsible for breakage after having received “In good order” receipts from the transportation carrier. All claims for loss and damage must be made by Purchaser to the carrier. PRE will assist in securing satisfactory adjustment of such claims.
Claims for shortages or other errors must be made in writing to PRE within 15 days of receipt of shipment. 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 PRE.
Return of Equipment. No equipment may be returned without first obtaining PRE’s written return goods authorization number. Collect shipments will not be accepted. A restocking charge will be assessed by PRE on all returned equipment.
Warranty. PRE expressly warrants for a period of twelve (12) months from the date of shipment, or 2,080 hours of operation, whichever occurs first, that the equipment will perform and function in accordance with PRE’s specifications set forth in its quotation or catalog, and will be free from defects in materials and workmanship, provided that:
• The product is properly handled by Purchaser from time of delivery, when Purchaser takes possession and exercises control over the product which includes its proper storage in accordance with reasonable and acceptable industry standards for such products;
• The equipment is properly installed;
• The equipment is operated by properly trained personnel within the rating and actual operating requirements for the equipment as provided in PRE’s specifications; and
• The equipment is properly maintained in accordance with PRE’s parts and safety manual or in accordance with acceptable industry standards or approved by PRE’s authorized personnel.
These warranties do not cover damage resulting from Purchaser’s misuse, any alteration or attempted repair of the equipment by Purchaser’s own personnel or by a third party not authorized by PRE.
If the equipment does not perform or function in accordance with PRE’s specifications or any defect in materials or workmanship supplied by PRE is discovered during the warranty period which develops under the proper or normal use of the equipment, and the Purchaser notifies PRE, in writing, PRE 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 Purchaser and PRE. PRE 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 the Purchaser.
ALL WARRANTY PARTS SHIPPED WILL BE INVOICED IF DEFECTIVE PARTS IN ANY CONDITION ARE NOT RETURNED WITHIN 15 DAYS FROM SHIPMENT 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 PRE under the specifications; nor shall it in any case apply to the quantity or quality of the product of the Purchaser 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 of component parts, such as O rings, gripper surfaces, and special wear surfaces. PRE shall not be liable for scrap loss or try-out material, nor responsible for performance of Purchaser’s employees which results in scrap loss or performance below specifications.
Any liability of PRE to Purchaser 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 incidental, consequential or indirect damages or other damages, including, but not limited to, the loss of profit or business, which is expressly excluded. PRE has no liability for any damages which may result from delays in delivery. It is agreed and understood that the price stated for the equipment is in part consideration for limiting PRE’s liability.
PRE’S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED. PRE 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 PRE BEYOND THAT STATED IN THIS DOCUMENT.
Confidentiality Statement: All designs, drawings, schematics sketches, photographs, videos, renderings, performance data, and specifications, theories, or software of any PRE equipment or proposed PRE equipment submitted or disclosed by PRE in conjunction with this quotation or any purchase agreements or contract resulting thereof is the property of PRE. PRE requests that any and all information concerning PRE equipment or proposed PRE equipment be held in strict confidence and that all parties involved agree not to disclose the same to any others for any other purposes without the express written consent of PRE.
1/10/24