ferrotec Temescal CV-12SLX User Manual page 7

1. Delivery. Unless otherwise stated, shipments of Ferrotec Temescal Electron Beam Gun and Systems
products quoted and/or produced at the Livermore, CA factory site will be made Ex-Works, Livermore, CA
Incoterms. Shipping date as are approximate and are based on conditions at the time of acceptance and
prompt receipt of all necessary information from the Buyer. Pro- Rata payments shall become due as
shipments are made. Items held of Buyer shall be at the risk and expense of the Buyer.
2. Title.
A. This subsection applies in jurisdictions where the laws provides a purchase-money security interest, or
similar rights, in favor of the seller, including but not limited to the U.S., Canada, and Mexico: Title and
risk of loss or damage passes to Buyer when the goods are put into possession of the freight carrier for
delivery to Buyer. Seller retains a security interest in the goods to ensure payment in full. Buyer agrees
not to take any action with respect to the goods that would interfere with Seller's security interest until the
goods are fully paid for.
B. This sub-section applies in all other jurisdictions: Risk of loss or damage passes to Buyer when the
goods are put into possession of the freight carrier for delivery to Buyer. Seller retains sufficient title in
the goods to ensure the goods are fully paid for. Buyer agrees not to take any action with respect to the
goods that would interfere with Seller's title until the goods are fully paid for.
3. Delays in Deliveries. Seller shall not be liable for failure to fill any order when due to: fires; riots; strikes;
freight embargoes or transportation delays; shortage of labor; inability to secure fuel, material, supplies or power
at current price or on account of shortages thereof; acts of God or of the public enemy; any existing or future
laws or acts of the federal or of any state or local government (including specifically but not exclusively any
orders, rules or regulations issued by an official or agency of any such government) affecting the conduct of
Seller's business with which Seller in its judgment and discretion deems it advisable to comply as a legal or
patriotic duty; or to any cause beyond Seller's reasonable control. Seller is not liable for damages attributed to
delays in delivery.
4. Taxes. Prices quoted herein shall be subject to an additional charge to cover any existing or future
Manufacturers, Sales, Use, Value Added or similar tax which may be applicable and any administrative costs for
required governmental permits, inspections and the life.
5. Special Order Equipment. Where buyer shall furnish special order equipment, Buyer shall bear the cost of
alterations made thereon, except such as Seller may make for its own convenience. Buyer shall furnish drawings
and specific information as to variations permissible between equipment and drawings. Shipping and crating
charges on said equipment to and from Seller's facilities shall be borne by buyer. Seller shall have no
responsibility for loss or damage to said equipment, except when due to careless handling or negligence on the
part of Seller. Cost of insurance on special orders will be borne by buyer, and same are held at Buyer's risk.
6. Seller's Warranty. Seller's standard published warranty in effect at the time of shipment for the particular
product shall apply. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Seller's liability shall not in any case exceed the cost of repair or
replacement of any defective product as stated in the warranty and upon expiration of the warranty period all
such liability shall terminate. Seller shall in no event be liable for consequential damages of any kind.
0101-8292-0, Rev. C
Terms and Conditions
v CV-12SLX User Manual