Terms And Conditions - Brinkmann SAL1130 Series Operating Instructions Manual

13 Brinkmann Pumps Inc.

Terms and Conditions

The following terms and conditions govern
all quotations made by Brinkmann Pumps
Inc. („Brinkmann") and any orders based
upon these quotations. No contract term or
condition shall be amended, deleted or
added without the express written consent
of Brinkmann, and Brinkmann hereby
rejects any terms set forth in any other
writing which are in addition to or different
from the terms in this quotation.
These items and conditions and any other
terms and conditions delivered in writing
by an authorized agent of Brinkmann
contemporaneously herewith constitute the
complete agreement between Brinkmann
and the buyer and supersede all prior oral,
written or printed statements of any kind
(including any terms and conditions
submitted by the buyer and performance
or production data from any source
whatsoever, including references to
accuracy, capacity, and capability of
products, all of which are estimates only)
made by Brinkmann or the buyer or their
respective representatives. No statement,
recommendation or assistance given by
Brinkmann or its representatives to buyer
or its representatives, in connection with
the use of any products by buyer, shall
constitute a waiver by Brinkmann of any of
the provisions hereof or affect Brinkmann's
liability, as defined herein. All transactions
covered hereby and all terms and condi-
tions of sale shall be governed by the laws
of the state of Michigan.
Prices
The products offered in this proposal and
the prices quoted are based on our
understanding of buyer's requirements;
any change in requirements will necessi-
tate a revision in prices quoted. Prices are
F.O.B. our dock, Wixom, Michigan, or
other location as specified on proposal.
Brinkmann's prices do not include sales,
use, excise, or similar tax, applicable to
the sale or use of the equipment pro-
posed. These taxes shall be paid by the
buyer, or in lieu thereof, the buyer shall
provide Brinkmann with a tax exemption
certificate acceptable to the taxing authori-
ties.
Delays or failure to deliver
Brinkmann shall not be responsible for
delay or failure to deliver due to acts of
God, or to government action (civil or
military), or to prior orders, or to fire,
embargo, strike or other labor problems,
wrecks, delays in transportation, unusually
severe weather or inability to obtain
necessary labor or materials from the
usual source of supply, or any other
circumstances beyond Brinkmann's
control.
BAS6530
Brinkmann shall have the right to furnish
suitable substitutes for materials which
cannot be obtained because of such force
majeure.
Installation
Buyer shall install at its own expense, all
products covered hereby in accordance
with the operating instructions to be
furnished to buyer upon request. Unless
otherwise stated, no installation services
are included in the price indicated.
Limited warranty
Brinkmann warrants to the buyer (but not
to any others) for a period of one year from
date of shipment that all new parts are free
from defects in material and workmanship.
Brinkmann's said warranty shall exist only
if buyer gives written notice to Brinkmann
within ten days after the first determination
that the part is defective and within the
aforesaid one year period from the date of
shipment and includes in said notice
consent to Brinkmann to inspect, at any
reasonable time, said part and the ma-
chine in which it may be embodied, and if,
and only if, Brinkmann determines to its
reasonable satisfaction upon said inspec-
tion that said part and the machine in
which it may be embodied are, and have
been, used in accordance with all Brink-
mann's instructions as to maintenance and
operation set forth in the operating instruc-
tions relating to the machine. Brinkmann's
warranty is limited to shipping to buyer
replacement of any part which is so proven
to be defective and in any event shall have
no liability whatsoever for incidental or
consequential damage or loss of profit,
including damages resulting from personal
injury or death, or damage to, or loss of
use of, any property. Brinkmann is not
responsible for shipping costs or labor,
extends no warranty of any kind for
gasket, seals and wear and tear materials.
Notwithstanding any provisions of these
terms and conditions, this warranty is the
only warranty extended by Brinkmann
in connection with any sales of prod-
ucts and is in lieu of all other warran-
ties, express or implied, including
warranties of merchantability or fitness
for purpose. No agent, employee or
representative of Brinkmann has any
authority to bind Brinkmann to any affirma-
tion, representation, or warranty concern-
ing the products that are the subject of this
quotation beyond that specifically included
in the written quotation. Brinkmann shall
have no obligation to install or provide
improvements or changes in design
adapted by Brinkmann for similar equip-
ment subsequent to acceptance of buyer's
order.
04/2019
Edition
Warranties have been discussed and
understood by both parties.
Buyer's use and O.S.H.A.
Buyer shall use and require all persons
operating the equipment to use all proper
and safe operating procedures set forth in
operating instructions relating to the
equipment and observe all occupational
safety health and standards act
(O.S.H.A.), American National Standard
Institute (ANSI), and state regulations as
required and all available, feasible and
practical point of operation safety devices
consistent with buyer's use of the equip-
ment. Buyer shall not remove or modify,
any device, warning sign, operating
instructions or work handling tools installed
on or attached to the equipment. Buyer
shall notify Brinkmann promptly, in writing,
and in all events within ten (10) days after
its occurrence, of any accident or malfunc-
tion involving any equipment which results
in injury to or death of persons or damage
to property, or the loss of use thereof and
buyer shall cooperate fully with Brinkmann
in investigation and determining the cause
of any such occurrence of malfunction. At
Brinkmann's request made at any time,
buyer will either at its or Brinkmann's place
of business, permit to redesign, remodel or
revise the equipment and buyer waives
any claims against Brinkmann for buyer's
inability to use the equipment during the
time that same is out of service for such
revision, modification or redesign.
Brinkmann shall not be responsible for any
failure to comply which results from the
location, operation, design, use or mainte-
nance of the equipment from alternation of
the equipment by persons or firms other
than Brinkmann, or from an option or
accessory to the equipment by persons or
firms other than Brinkmann, which was
available to the buyer but omitted at the
buyer's direction, or from design or instruc-
tions furnished by the buyer or its agents.
In view of the above, Brinkmann does not
make any warranties with respect to
O.S.H.A. requirements, including noise;
and will not be responsible for fines,
penalties, or consequential damages.
Payment terms
Net payment in full of all invoices is due
thirty (30) days net, unless stated other-
wise in quotation. Any unpaid balance
thereafter shall be subject to a service
charge of 1.75 % per month or, if illegal, at
the highest rate allowed by law. There
shall be no extension or change in the
time for payment due to delay in installa-
tion and/or delays in operation of the
equipment caused by damage, warranty
service or warranty replacement of parts. If
after Brinkmann's acceptance of buyer's
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