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1. DEFINITIONS: As used in these Terms and Conditions of Sale, "order" shall mean customer's and all its attachments and exhibits; "materials" means any materials, machinery, equipment, article, item of work provided for in the purchase order; "Purchaser" means the person, firm or corporation by whom the purchase order issued; "Novatec" means Novatec, Inc. and "proposal" means the quotation in which materials were offered by Novatec.
2. PRICES:
All prices are F.O.B. shipping point, freight collect.
Prices named herein are not subject to any change from the prices in effect on date that order is received, unless changes are made to the equipment specifications.
3. SHIPPING DATES: The date of shipment given is approximate and is estimated from the date of receipt of order with complete manufacturing information and approval of drawings as may be necessary. Novatec shall not be liable for any loss or damage for delay or non-delivery due to the acts of civil or military authority, acts of the Purchaser or by reason of "force majeure" which shall be deemed to mean all other causes whatsoever not reasonably within the control of Novatec, including, but not limited to, war, riot or insurrection, blockades, embargoes, sabotage, terrorism, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers, and inability to secure materials, labor or manufacturing facilities. Any delay resulting from any such cause shall extend shipping dates correspondingly. Novatec shall in no event be liable for any special, indirect or consequential damages arising from delay irrespective of the reason therefore, and receipt by the Purchaser shall constitute acceptance of delivery and waiver of any claims due to delay.
4. PAYMENTS: Credit card on order submission or, if purchasing via Purchase Order, net cash within thirty (30) days after shipment for orders under $25,000/30% down at order submission and 70% within thirty (30) days after shipment for orders over $25,000. The prices specified are in
U.S. currency and shall be paid in
U.S. currency. Pro rata payments shall be made for partial shipments. If delivery is prevented or postponed at the Purchaser's request or by reason of any other cause set forth specifically or by implication in paragraph 3 above, then all dates of payment related to delivery shall relate to the date of completion of manufacture. Letters of credit or other credit instruments established to provide payment for the machinery specified in this proposal shall make provision for payment as set forth above where delivery is prevented or postponed under such circumstances. Storage of such machinery will be at the Purchaser's expense and risk. When in the opinion of Novatec, the financial condition of the Purchaser renders it necessary, Novatec may require cash payment or satisfactory security before shipment.
5. WARRANTY:
Novatec warrants NOVATEC-branded Plastics Auxiliary Equipment against defects in material and workmanship as follows: NEW EQUIPMENT Dryers, 5 years; Blenders, 5 years; Crystallizers and Conveying Equipment, 2- years; REFURBISHED EQUIPMENT 1 year. Warranty commences on the date that equipment is delivered to Purchaser. Note: Routine maintenance/replacement parts are excluded from the warranty. These include, but are not limited to: hoses, desiccant, filters, filter elements, wiper seals, gaskets, dew point sensors, infrared lamps, motors and motor brushes. In addition, the use of abrasive materials will void the warranty of any product not specifically sold/designed for use with the specified abrasive material. All other material is guaranteed in accordance with manufacturers specifications.
Novatec’s obligation under this warranty is limited to repairing or furnishing, without charge, a similar part to replace any part which fails under normal use due to a material or workmanship defect, within its respective warranty period. It is the purchaser’s responsibility to provide Novatec with immediate written notice of any such suspected defect.
Novatec will accept no returns without a Returned Material Authorization number issued. Novatec reserves the right to provide to Purchaser final disposition for the suspect defective part, e.g. scrap at Purchaser’s site or return to Novatec. Warranted replacement parts will be shipped F.O.B point of manufacture, ground freight prepaid by Novatec. Whereas Novatec has required return of the suspect defective part from Purchaser, and Novatec ships replacement part, and Purchaser fails to return suspect defective part within thirty (30) days of shipment, Novatec shall invoice and Purchaser is liable for cost of replacement part plus freight. Novatec shall not be held liable for damages or delay caused by defects. No allowance will be made for repairs or alterations without the written consent or approval of Novatec.
The provisions in equipment specifications are descriptive, unless expressly stated as warranties.
Novatec’s liability to the purchaser, except as to title, arising out of the supplying of the said equipment, or its use, whether based upon warranty, contract or negligence, shall not in any case exceed the cost of correcting defects in the equipment as herein provided.
All such liability shall terminate upon the expiration of said warranty periods. Novatec shall not in any event be held liable for any special, indirect or consequential damages. Commodities not manufactured by Novatec are warranted and guaranteed to Novatec by the original manufacturer and then only to the extent that Novatec is are able to enforce such warranty or guaranty. Novatec, Inc. has not authorized anyone to make any representation or warranty other than the warranty contained herein.
6. LOSS, DAMAGE OR INJURY: Purchaser agrees to indemnify and save harmless, Novatec from all claims for loss, damage or injury sustained by the Purchaser, its employees, or any person whomsoever, by reason of any defect in design, material, manufacture or workmanship of said goods, whether the same be caused by the sole negligence of Novatec or otherwise.
7. WEIGHTS AND DIMENSIONS: Any shipping weights and dimensions given in Novatec's Proposal are as close to actual as practicable, but are not guaranteed. No claims will be allowed because of any discrepancy between actual weight and dimensions of material shipped and listed data, unless specifically agreed and documented prior to shipment.
8. SHIPPING AND PACKING: All material is carefully packed for shipment and Novatec will not be responsible for loss, delay or breakage after having received "in good order" receipts from the transportation company. All claims for breakage loss, delay and damage should be made by Purchaser to carriers, however Novatec will render Purchaser all possible assistance in securing satisfactory adjustment of such claims.
Goods held in factory beyond delivery date for convenience of Purchaser will be invoiced on date of completion and terms of payment will apply as from invoice date. Such goods will be subject to charges for warehousing and other expenses incident to such delay.
9. CANCELLATION: Orders are not subject to cancellation or change in specifications, shipping schedules or other conditions originally agreed upon without Novatec's written consent and then, only upon agreement to compensate Novatec for loss caused by such cancellation or changes.
10. COST ANALYSIS: No cost analysis of the cost of manufacturing the equipment sold will be supplied and no examination or audit of Novatec's books and records will be permitted for any reason whatsoever.
11. RETURNS FOR CREDIT: No returns for credit will be granted or accepted unless Novatec's written permission has been obtained in each case in advance. Only sizes and designs taken from Novatec's regular line which are in active demand can be accepted for credit. Credit will be based on prices prevailing at the time of return, or invoiced price, whichever is lower, subject to deduction for handling and an additional deduction for expenses incurred in restoring goods to salable condition. Obsolete or specially manufactured goods can be accepted for return or credit only to the extent of value to Novatec in each case. No credit will be issued to other than the original Purchaser. If Novatec grants a return on a refurbished piece of equipment, it will only be permissable within the first 45 calendar days after shipment of the equipment to Purchaser.
12. JIGS, FIXTURES, DIES, ETC: Any jigs, fixtures, dies, tools or patterns required shall be the property of Novatec, regardless of whether the costs of the same are paid by the Purchaser or not.
13. All sales under all orders and these terms and conditions are subject to Novatec and/or Government Priorities, laws and regulations, now or hereafter established.
14. Novatec reserves the right to change, discontinue or modify the design and construction of any Novatec product or to substitute material equal to or superior to that originally specified
15. DRAWINGS: If drawings are furnished with this proposal,
they are submitted only to show the general style, arrangement and approximate dimensions of the machinery offered. No work is to be based on proposal drawings. Foundation or assembly drawings certified by Novatec will be furnished, when required, after the acceptance of this proposal. Such foundation drawings will show location for foundation bolts and dimensions recommended for soil conditions that are satisfactory.
16. TAXES: The Purchaser shall pay to Novatec, in addition to the purchase price, the amount of all Sales, Use, Privilege, Occupation, Excise, or other taxes, Federal, State, Local or Foreign which Novatec is required to pay in connection with furnishing goods or services to the Purchaser.
17. MODE OF TRANSPORTATION. Goods will be shipped by the method and via carrier Novatec believes dependable.
18. PATENTS: Novatec shall defend any suit or proceeding brought against the Purchaser so far as based on a claim that any product furnished hereunder constitutes an infringement of any United States Patent, if notified promptly in writing and given authority, information and assistance (at the expense of Novatec, Inc.) for the defense of same, and Novatec shall pay all damages and costs awarded therein against Purchaser.
In case the product is in such suit held to constitute infringement and the use thereof enjoined, Novatec shall, at its own expense, and at its option, either procure for the Purchaser the right to continue using said product, or replace same with a non-infringing product, or modify it so it becomes non-infringing.
19. SERVICE: Unless otherwise specified, a separate charge will be made for field service. For installation outside
U.S.A. instructions (in English) are supplied with the equipment to enable the customer to make a satisfactory installation. Service is available within the
U.S.A. from Novatec or from a Novatec representative with whom customer will arrange directly for service. Request for service should be made well in advance of the need.
20. INSTALLATION: Labor and materials for startup and installation are not included unless quoted by Novatec and specified separately on the order acknowledgement.
21. ERRORS: All clerical errors are subject to correction.
22. PRECEDENCE OF DOCUMENTS: In the event of any conflict between these Terms and Conditions and Specifications and Drawings, Novatec Terms and Conditions shall prevail. In the event of any conflict between Novatec Specifications and Novatec Drawings, the Novatec Specifications shall prevail.
23. CAPTIONS: The captions in this Agreement are intended for convenience only and shall not be construed in the interpretation of this Agreement.
24. GENERAL: Novatec will comply with all Federal, State and Local laws, and specifically represents that all products will be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.
No waiver, alteration, or modification of any of these TERMS AND CONDITIONS OF SALE shall be binding upon Novatec unless in writing and signed by an authorized representative of:
NOVATEC, Inc.
222 E. Thomas Ave
Baltimore
,
Maryland
21225
U.S.A.
Telephone (410) 789-4811
Fax (410) 789-4638
http://www.novatec.com
Sales E-mail: sales@novatec.com
Service E-mail: service@novatec.com
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