Quincy QSF Series Instruction Manual page 52

QUINCY COMPRESSOR AND ORTMAN FLUID POWER DIVISIONS
STANDARD TERMS AND CONDITIONS
LEGAL EFFECT: Except as expressly otherwise agreed to in writing by an authorized representative of Seller, the following
terms and conditions shall apply to and form a part of this order and any additional and/or different terms of Buyer's purchase
order or other form of acceptance are rejected in advance and shall not become a part of this order.
The rights of Buyer hereunder shall be neither assignable nor transferable except with the written consent of Seller.
This order may not be canceled or altered except with the written consent of Seller and upon terms which will indemnify
Seller against all loss occasioned thereby. All additional costs incurred by Seller due to changes in design or specifications,
modification of this order or revision of product must be paid for by Buyer.
In addition to the rights and remedies conferred upon Seller by this order, Seller shall have all rights and remedies conferred
at law and in equity and shall not be required to proceed with the performance of this order if Buyer is in default in the
performance of such order or of any other contract or order with seller.
TERMS OF PAYMENT: Unless otherwise specified in the order acknowledgment, the terms of payment shall be net cash
within thirty (30) days after shipment. These terms shall apply to partial as well as complete shipments. If any proceeding be
initiated by or against Buyer under any bankruptcy or insolvency law, or in the judgment of Seller the financial condition of
Buyer, at the time the equipment is ready for shipment, does not justify the terms of payment specified, Seller reserves the
right to require full payment in cash prior to making shipment. If such payment is not received within fifteen (15) days after
notification of readiness for shipment, Seller may cancel the order as to any unshipped item and require payment of its
reasonable cancellation charges.
If Buyer delays shipment, payments based on date of shipment shall become due as of the date when ready for shipment. If
Buyer delays completion of manufacture, Seller may elect to require payment according to percentage of completion.
Equipment held for Buyer shall be at Buyer's risk and storage charges may be applied at the discretion of Seller.
Accounts past due shall bare interest at the highest rate lawful to contract for but if there is no limit set by law, such interest
shall be eighteen percent (18%). Buyer shall pay all cost and expenses, including reasonable attorney's fees, incurred in
collecting the same, and no claim, except claims within Seller's warranty of material or workmanship, as stated below, will be
recognized unless delivered in writing to Seller within thirty (30) days after date of shipment.
TAXES: All prices exclude present and future sales, use, occupation, license, excise, and other taxes in respect of
manufacture, sales or delivery, all of which shall be paid by Buyer unless included in the purchase price at the proper rate or a
proper exemption certificate is furnished.
ACCEPTANCE: All offers to purchase, quotations and contracts of sales are subject to final acceptance by an authorized
representative at Seller's plant.
DELIVERY: Except as otherwise specified in this quotation, delivery will be F. O. B. point of shipment. In the absence of exact
shipping instruction, Seller will use its discretion regarding best means of insured shipment. No liability will be accepted by
Seller for so doing. All transportation charges are at Buyer's expense. Time of delivery is an estimate only and is based upon
the receipt of all information and necessary approvals. The shipping schedule shall not be construed to limit seller in making
commitments for materials or in fabricating articles under this order in accordance with Seller's normal and reasonable
production schedules.
Seller shall in no event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of governmental or
military authorities, delays in transportation or procuring materials, or causes of any kind beyond Seller's control. No
provision for liquidated damages for any cause shall apply under this order. Buyer shall accept delivery within thirty (30) days
after receipt of notification of readiness for shipment. Claims for shortages will be deemed to have been waived if not made
in writing within ten (10) days after the receipt of the material in respect of which any such shortage is claimed. Seller is not
responsible for loss or damage in transit after having received "In Good Order" receipt from the carrier. All claims for loss or
damage in transit should be made to the carrier.
TITLE & LIEN RIGHTS: The equipment shall remain personal property, regardless of how affixed to any realty or structure.
Until the price (including any notes given therefore) of the equipment has been fully paid in cash, Seller shall, in the event of
Buyer's default, have the right to repossess such equipment.