STANDARD TERMS AND CONDITIONS OF SALE
- PROPOSAL - All prices are firm and for acceptance within thirty (30) days from date of proposal. All the information in this proposal is confidential and has been prepared for use by Customer solely in considering the purchase of the equipment described. Transmission of all or any part of this information to others by Customer is not authorized with TMC Fluid Systems’ written consent.
- TERMS OF PAYMENT –50% is due at time of the order with the balance 50% due prior to shipment.
- TAXES - Our proposal does not include Federal, State, or Local Sales, Privilege, Use, or other taxes of any kind applicable to the sales of the equipment involved. These taxes shall be paid by the Customer, or in lieu thereof, the Customer shall provide TMC Fluid Systems with a tax exemption certificate acceptable to the proper taxing authority.
- SHIPMENT – Ex-Works Point of Shipment, with freight prepaid and added to invoice, as per TMC Fluid Systems' proposal with machinery and accessories on pallets, suitable for domestic shipment. International Shipments will be boxed and/or crated for an additional 3.0% of quoted price. Shipping dates given are approximate only and are computed from time of receipt at TMC Fluid Systems' main office. TMC Fluid Systems will not be liable for any delay in the performance of contracts and orders, or in the shipment and delivery of goods, or for any damage suffered by the Customer by reasons of delay, when such delay is, directly or indirectly, caused by or in any manner arising from fires, floods, accidents, riots, war, Government interference, priorities, embargoes, strike, shortage of labor, fuel, materials or supplies, inadequate transportation facilities, or any other cause or causes whether or not similar in nature to any of those herein before specified beyond TMC Fluid Systems' control. Insurance can be arranged upon Buyer’s instructions at Buyer’s cost and will be charged on actuals.
- CANCELLATION - Any orders placed for machinery, equipment, and/or accessories as offered in this proposal shall not be subject to cancellation except with TMC Fluid Systems' consent. TMC Fluid Systems reserves the right to make a cancellation charge up to 25% of the purchase price.
- CLAIMS - Claims for loss or damage in transit are the responsibility of the consignee. However, TMC Fluid Systems will lend assistance to help the customer resolve such issues. Any claims for shortages not covered by the common carrier, in order to receive consideration, must be made within ten (10) days from date of delivery.
- WARRANTY - All equipment manufactured and supplied by TMC Fluid Systems is warranted to be free from defects for a period of 12-months from the date of shipment. TMC Fluid Systems will repair or replace any part or parts during the warranty period free of charge. F.O.B. factory, providing our examination shows the equipment to be truly defective when used for the purpose intended. The obligation of TMC Fluid Systems is limited solely to repair or replacement and shall be conditioned upon prompt written notice being given to TMC Fluid Systems. TMC Fluid Systems makes no warranty as to fitness of its products for specific applications by the buyer or as to period of service unless TMC Fluid Systems specifically agrees otherwise, in writing, after the proposed usage has been made known. The foregoing warranty is exclusive and in lieu of all other warranties expressed or implied, including but not limited to any warranty of merchantability or of fitness for a particular purpose.
- LIMITATION OF LIABILITY - In no event as a result of breach of contract, warrant, or negligence, shall TMC Fluid Systems be liable for special or consequential damages including but not limited to loss of profits or revenues, loss of any equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs or claims of purchasers of the Customer for such damages.
- SERVICE - Where service in the nature of installation, demonstration, or repair of any equipment beyond that specifically included in the quoted price, TMC Fluid Systems will render such services at its normal charges plus overtime and living expenses and traveling expenses for a mechanic and/or engineer.
- OTHER - This agreement shall be construed in accordance with the laws of the State of California.
These Terms and Conditions are the only terms and conditions that will be binding upon the parties unless additional terms are set forth in writing and agreed to between the parties in writing.
