Terms & Conditions
AMS MFG. SYSTEMS
STANDARD TERMS & CONDITIONS OF SALE
APPLICABLE TO ALL QUOTATIONS
TERMS AND CONDITIONS SUBJECT TO CHANGE AT ANY TIME
PRICES: The Prices quoted herein are not F.O.B Sellers plant and/or shipping point.
Prices quoted do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable shall be paid by the Buyer, or in lieu thereof the Buyer shall provide the Seller with tax exemption certificate acceptable to the taxing authority. Prices quoted are for prompt acceptance and will in no case exceed an acceptance limit of thirty (30) days, from the date of quotation at which time they are subject to revision to current price. All used equipment sales are AS-IS where is. All used equipment sales are non-refundable and non-returnable. The content of all used equipment quotations is as accurate as possible, but may include discrepancies. It is recommended to view all equipment prior to purchase.
SELLER: The Seller reserves the right to reject any orders placed where the quoted price is incorrect due to typographical or any other error made by an employee or agent of the Seller. All prices for machinery, equipment, parts or accessories manufactured by the other manufacturers are subject to revisions made by such manufacturers, which may increase or decrease the cost to the Seller.
DELIVERY: Delivery shall be F.O.B., Sellers Plant, and/or shipping point. The Seller shall not be liable for delay in delivery, or failure to manufacture due to causes beyond its reasonable control, such as Acts of the Buyer, Acts of God, Acts of civil or military authority, proprieties, strikes, floods, epidemics, war an inability due to causes beyond its reasonable control to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the item lost by reason of the delay. Furthermore, the Seller shall not in any case be liable for special, incidental, or consequential damages caused by its delay in making delivery or its failure to manufacture for any reason, including when due, or claimed to be due to Sellers fault or negligence.
TERMS: Terms of payment for machinery, equipment, parts or accessories purchased are subject to Sellers Credit Department approval before shipment. The Terms of this specified quotation are detailed on the face of the quotation. Amounts past due are subject to a service charge of 1-1/2%per month (or fraction thereof).All payments shall be in U.S. funds payable at par New York exchange. If shipments are delayed at Buyers request or due conditions beyond the control of either Buyer or Seller, payment shall become due on notification by the Seller that the machinery, equipment, parts or accessories are ready for shipment. Unless otherwise agreed in writing and signed by Buyer and Seller, international sales are subject to special terms of payment and require the opening of a confirmed irrevocable letter of credit for the full amount in an American bank acceptable to the Seller, payable upon presentation of shipping documents, at the time of shipment. Any late or non-payment voids all warranty and cancels all prior agreements.
INSURANCE & LOSS: Upon notification by Seller of completion of manufacture under Buyers order. Buyer shall immediately submit written instructions to ship machinery, equipment, parts or accessories. Upon shipment by Seller, or in the event Buyer has failed to submit shipping instructions within (10) days of Sellers notification of completion of manufacture, the responsibility to insure for all damage and the risk of loss due to fire, theft, effect of the elements or otherwise shall be assumed by the Buyer.
CANCELLATION: Any order accepted is considered final and binding upon the Buyer. Cancellation of orders once placed and accepted by Seller can be made only with Sellers written consent and upon terms that will indemnity Seller against loss.
TITLE: Title and rights of possession of the machinery, equipment, parts, or accessories sold hereunder shall remain with the Seller and such machinery, equipment, parts, or accessories shall remain personal property until all payments hereunder shall have been made in full in cash, and the Buyer agrees to sign all reasonably required documents and do all acts reasonably necessary to protect and maintain such right and title in the Seller until payment in full.
LIMITED WARRANTY: The Seller warrants, its machinery, equipment, parts, or accessories of its manufacture to be and remain free from defects in material and workmanship for a period of 90 days, from the date of delivery, and will at its option either repair or replace without charge, F.O.B. from the factory, with similar machinery, equipment, parts, or accessories if said machinery, equipment, parts, or accessories are proved to have been defective at the time it was sold, provided that all machinery, equipment, parts, or accessories claimed defective shall be returned at Buyers expense and properly identified to Seller. Sellers warranty in respect to the machinery, equipment, parts, or accessories furnished under this proposal which are purchased from other manufacturers shall be subject only to the manufacturers warranty. All requests for warranty repairs, whether for product manufactured by the Seller or purchased from other manufacturers, must be made in writing through the Service Department of the Seller. An operation beyond rated capacity or the improper use or application of Product or the substitution upon it of machinery, equipment, parts, or accessories not approved by Seller of any alteration or repair by others in such a manner as, in Sellers judgment, to affect the Product materially and adversely shall void this warranty. The Sellers liability hereunder is expressly limited to repairing or replacing any parts of the machinery, equipment, parts, or accessories manufactured by the Seller, and found to have been defective. Seller shall not ever be made liable for damage to product, loss of production, or any other consequential or incidental damage, resulting or claimed to result from any cause whatsoever.
WARRANTY DISCLAIMER: THE ABOVE LIMITED WARRANTY TO REPLACE OR REPAIR IS THE ONLY WARRANTY, EITHER EXPRESSED OR IMPLIED, OR OTHERWISE PROVIDED BY LAW, AND IS IN LIEU OF ALL OTHER WARRANTIES AND THE SELLER SPECIFICALLY DENIES ANY OTHER PROMISE, GUARANTEE OR WARRANTY WITH RELATION TO THIS MACHINERY, EQUIPMENT, PARTS, OR ACCESSORIES, AND IN PARTICULAR SELLER MAKES NO WARRANTY THAT THE MACHINES ARE MERCHANTABLE, OR AS TO THEIR FITNESS OR SUITABILITY, OR ITS OR THEIR PERFORMACE, EITHER QUANTITATIVELY OR QUALITATIVELY OR AS TO THE PRODUCTS WHICH THEY MAY PRODUCE AND THE BUYER EXPRESSLY WAIVES ITS RIGHT TO ANY WARRANTY OTHER THAN THAT STATED HEREIN.
DESIGN: In accordance with the Sellers policy of constant improvement, we reserve the right to amend the specifications and designs at any time without notice. The Seller reserves the right to alter its design to incorporate improvements currently being manufactured on similar equipment; also, to requite on the extra charges involved for modifications, revisions or alterations to the equipment, requested by the Purchaser during the design, construction, or testing of the equipment, and will advise the Buyer of the additional charges and extended delivery time (id required) as soon as possible upon learning of the required modification, revisions or alterations.
OCCUPATIONAL SAFETY & HEALTH ACT (OSHA): Compliance with OSHA under the law is the responsibility of each employer. The Seller endeavors to comply with the purposes and the applicable standards of OSHA on new machinery, but the prices quoted herein do not include any special charges for OSHA compliance, and in no event shall the Seller be liable for damage, indirect, incidental, consequential or otherwise, arising out of or resulting from the operation of its machinery, equipment, parts, or accessories.
ARBITRATION: All controversies arising under or in connection with, or relating to any alleged breach of this agreement shall be resolved through arbitration in Palm Beach County, Florida, in accordance with the rules of the American Arbitration and judgment upon any award rendered may be entered in any court having jurisdiction thereof. In the event any reward is made in favor of Seller and against Buyer relative to any controversy, Seller shall recover under such reward its reasonable costs and expenses, including experts and attorneys fees.
MISCELLANEOUS: This writing is intended by the parties as the final expression of their Agreement and is intended also as a complete and exclusive statement of the terms and conditions of their agreement, and shall not be modified except by a writing signed by both parties. This agreement shall be governed by the Uniform Commercial Code, as adopted in the State of Florida and as effective and in force on the date of this agreement. Any breach of this agreement must be commenced within one (1) year after the cause of action has occurred.