UNLESS OTHERWISE SPECIFIED IN WRITING THE FOLLOWING WILL PREVAIL
GENERAL
The possession of the Jomar Hydronics catalog and/or literature is not to be construed as an offer to sell the goods listed herein. All orders shall be subject to the approval and acceptance Jomar Hydronics, hereinafter referred to as the Company, at its principal office in Warren, Michigan.
All Company proposals, all acceptances of Purchaser's orders, and all sales by the Company are exPressly limited to, and exPressly made conditional upon, the Purchaser's acceptance and assent to the Standard Terms and Conditions of Sale as set forth herein, notwithstanding receipt of, or acknowledgment of, the Purchaser's order form or specifications containing additional or different provisions, or conflicting oral representations by any agent or employee of the Company. No waiver, change or modification of any terms or conditions on the face or reverse hereof shall be binding on the Company unless made In writing and signed by an officer of the Company.
PRICES AND TERMS
All prices are subject to change without notice. Minimum billing is $50.00. Terms are 2% 10th, NET 30 days subject to approved credit. Shipments can be expected, prior to establishing credit, by including check with order for full amount or specifying C.O.D.
Any order originating outside the contiguous United States, Alaska, Hawaii or Canada shall be subject to an irrevocable letter of Credit confirmed by a U.S. bank or a sight draft.
A finance charge at a periodic rate of 1-1/2% per month (annual percenTage of 18%) will be added to unpaid invoices over 60 days old; said interest shall commence from the date of invoice.
PERFORMANCE GUARANTEE
The Company guarantees to the original purchaser that the equipment of its manufacture will perform at rated Capacity as stated only when (1) properly installed, connected, started, operated and maintained in accordance with Company Instruction(s), and or Information Guide(s), as revised from time to time, and (2) used for the applications specified and (3) used In the environments as specified or as limited. If equipment is part of a greater system, the Company accepts responsibility only for the equipment manufactured by it.
THIS EQUIPMENT MUST BE INSTALLED, OPERATED, AND MAINTAINED IN ACCORDANCE WITH THE APPROPRIATE INSTRUCTIONS(S) AND/OR INFORMATION GUIDE(S), AS REVISED FROM TIME TO TIME, PURCHASES OF THE COMPANY'S EQUIPMENT WAIVE SUBROGATION ON ALL ITEMS COVERED UNDER THEIR OWN OR OTHER INSURANCE.
LIMITED WARRANTY ON THE EQUIPMENT ITSELF
The Company, for a period of five year from the date of shipment, warrants each product or system of its own manufacture to the original purchaser to be free from defects in material and workmanship under normal use, Service and maintenance. Normal use, Service and maintenance means:
The remedy under this warranty is limited to the repair or replacement of any parts found upon examination by the Company to have been defective, and shall not include removal and reinstallation costs involved in the exchange. The remedy shall be conditioned upon receipt of written notice by the Company of any alleged defects promptly after discovery thereof within the warranty period. Generally, consent, if given, will be upon the condition that the purchaser assumes and prepays all carrier charges.
THIS WARRANTY IS EXCLUSIVE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPressED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANT ABILITY OF FITNESS FOR A PARTICULAR PURPOSE OR, ANY PURPOSE.
No person, including any dealer or representative of the Company, is authorized to make any representations concerning the Company products or systems on behalf of the Company or to assume for the Company the obligations contained in this warranty. The Company reserves the right to make design and other changes, modifications or improvements upon its products or systems, without any obligation to install same on any previously sold or delivered products or systems.
This warranty gives the purchaser specific legal rights. The purchaser may have other rights that vary from state to state.
LIMITATION OF LIABILITY
It is exPressly agreed that the liability is limited and the Company does not function as an insurer. The purchaser and/or user agree that the Company is not liable for loss, harm or damage due directly or indirectly to any occurrence of consequence there from. If the Company should be found liable to anyone in any theory (except any exPress warranty where the remedy is set forth in this document) for loss, harm, or damage, the liability of the Company shall be limited to the lesser of the actual loss, harm or damage, or the original purchase price of the involved equipment, system or Service when sold (or when Services performed by) the Company to its customer. This liability is exclusive and regardless of cause or origin resulting directly or indirectly to person or property from:
FREIGHT ALLOWANCE
All prices are FOB Warren, Michigan with full freight prepaid and allowed within the contiguous United States on shipments of $3,500.00 net or more. Any combination of products, items or Sizes may be combined to satisfy the dollar amount required to earn full freight allowance. The Company reserves the right to select the most economical routing and shall not be liable or responsible by reason of the mode or route of shipment.
EXPORT SHIPMENTS
All prices are FOB plant, Warren, Michigan, with full freight prepaid and allowed to Port of Exit on shipments of $3,500.00 net or more.
PACKAGING
All list prices are based on domestic packaging. For export packaging, contact the factory for pricing.
DELIVERY
The quoted time of delivery is understood to be from date of receipt of all necessary information including Purchaser's approval, if applicable. Any delay in delivery of any installment shall not relieve purchaser of its obligation to accept remaining deliveries. The Company shall not be liable for damages or for cancellation of the contract as a result of any delay due to any cause beyond the Company's reasonable control including, but not limited to, act of God, act of the purchaser, embargo or other governmental acts, regulations or requirements, fire accident, labor disputes, war, civil insurrection or riot, delay in transportation or the inability to obtain necessary labor, materials or manufactuRing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost by reason of the delay. All shipments, unless otherwise specified, shall be FOB shipping point and the purchaser assumes responsibility for damage or loss in transit. The Company shall not be liable or responsible by reason of the mode or route of shipment.
Products or goods not of Company manufacture supplied in piece, or as components to a system designed or sold by the Company, are not covered by this warranty. However, the Company will extend to the purchaser the benefit of such adjustment as is obtained from the manufacturer of that component or product.
This warranty does not apply to damage caused by any or all of the following circumstances or conditions:
SPECIAL PRODUCTS
Special products produced to order, or products not normally stocked, are subject to a 10% overrun or under run. Pattern equipment, tooling, etc., built for the manufacture of purchaser's products shall at all times remain in the possession of the Company. Since such equipment Is made or supplied on a non-profit basis, it shall not be removed from the Company's plant except upon payment of a minimum 20% charge: based on the original equipment costs to cover engineeRing, drafting, and handling. The Company agrees to maintain such equipment except the major repairs or replacement would be at the purchaser's expense. If no orders have been received for production for a period of eighteen months, the Company accepts no liability for the continued existence or availability of such equipment after such period. Written notification advising the customer of the expiration date will not be required of the Company.
BUYER'S PURCHASE ORDER TERMS
The terms on the purchase order shall not change, enlarge, or modify Company's liability or obligations.
SHORTAGE AND BREAKAGE
The Company's responsibility for delivery of materials sold FOB shipping point ends when the receipt is obtained from the consignor of the transportation company. It is agreed that the purchaser shall notify the Company of any shorTage within five (5) days from receipt of the material. In the event of loss or damage incurred in transit, the carrier shall be responsible and claims for parts broken or lost in shipment are to be filed with the transportation company by the purchaser.
CANCELLATION OF ORDERS
If, for any reason, the purchaser desires to cancel an order, such cancellation shall only be with written consent of the Company, and then only after payment is made to the Company for all costs incurred which shall include but not be limited to, material, labor, overhead, and reasonable profit.
RETURNS AND RESTOCKING CHARGES
Equipment may be returned to Jomar Hydronics at 7243 Miller Drive, Warren, Michigan 48092, only upon prior written authorization of the Company. Consent, if given, will be upon the condition the purchaser assumes all carrier charges responsibility to damages in transit, and a 25% - 75% restocking charge, based on the complexity and labor required to return equipment to un-assembled components, and then only if the so authorized material is in new and unused condition and returned within one year from the original date of shipment. The credit will be based on the original invoice price or the current price, whichever is lower, less the applicable restocking charge.
SERVICE
Unless otherwise noted herein, the cost of the equipment does not include Service or installation. All Services performed by the Company are subject to purchaser's payment of the Company's prevailing charges plus necessary travel and living expense.
TAXES
Any tax or taxes that may be imposed upon the goods that are the subject of this sale, or upon the sale or delivery, shall be added to and become a part of the contract price.
REGULATIONS
Every contract of sale shall be subject to all applicable state and federal statutes and regulations. The terms of this agreement shall be construed in accordance with the laws of the state of Michigan.