Terms and Conditions
[Shipping and Sales Tax]
[Payment Methods]
[Terms and Conditions]
TERMS AND CONDITIONS OF PURCHASE
1. Any provisions or conditions of Buyer's order
which are in any way inconsistent with, or in
addition to, Seller's terms and conditions shall not
be binding on Seller, and shall not be applicable,
except with Seller's written consent. No changes in,
modification of, or additions to the terms and
conditions on the face or reverse side of this form
shall be binding on Seller unless made in writing and
signed by a representative of Seller duly authorized
for that purpose.
2. WARRANTY
These products are sold by Waage Electric, Inc.
("Waage) under the warranty set forth in the
following paragraph. Such warranty is extended only
with respect to a purchase of these products, as new
merchandise, directly from Waage or from a Waage
distributor or representative, and is extended only
to the first buyer thereof who purchases them other
than for the purpose of sale.
Waage warrants that the merchandise sold by it
will, upon shipment, be free of defects in
workmanship or material. Should any failure to
conform to the warranty become apparent during a
period of six (6) months after the date of shipment,
Waage shall, upon prompt written notice from the
Buyer, correct such non-conformity by repair or
replacement [F.O.B. factory] of the defective part or
parts. Correction in the manner provided above shall
constitute a fullfillment of all liability of Waage
with repect to the quality of the products.
(See "Limitation of Liability" below.)
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL,
STATUTORY, EXPRESS OR IMPLIED INCLUDING WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE.
The foregoing warranty does not extend to the
following situations, and Waage has no responsibility
in such situations:
a) With respect to any product that the Buyer
or its agents have failed to store, install, operate,
inspect or maintain in accordance with the Seller's
recommendations.
b) With respect to any variation in wattage,
voltage, or phase unless the specific wattage,
voltage, or phase desired by the Buyer has been
specified to Waage by the Buyer in writing. In the
case of such a written specification, wattage is
guaranteed to a manufacturing tolerance of +/-5%.
c) With respect to the performance of a heating
system or process unless the heating system or
process has been designed in its entirety by Waage.
d) With respect to a Waage melting tank built
for the handling and melting of oils, plastics, and
similar substances, where the tank has been used
while unattended. Such tanks are designed for use
only while attended by personnel and must be de-
energized during periods of non-attention.
e) THIS WARRANTY IS VOID IF THE MACHINE HAS
BEEN DAMAGED BY ACCIDENT OR UNREASONABLE USE,
CHEMICAL ATTACK, NEGLECT, IMPROPER SERVICE OR OTHER
CAUSES NOT ARISING OUT OF DEFECTS IN MATERIALS OR
WORKMANSHIP OR MECHANICAL DEFECTS.
3. LIMITATION OF LIABILITY
Buyer's sole and exclusive remedy and Waage's sole
and exclusive liability to Buyer hereunder is limited
to repair or replacement, at Waage's option, of the
products sold hereby and Waage's liability, whether
based upon warranty, contract, tort or negligence,
shall not in any case exceed the cost of correcting
defects in the goods as herein provided. WAAGE SHALL
IN NO EVENT BE LIABLE IN CONTRACT OF IN TORT
(INCLUDING NEGLIGENCE) FOR SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT
LIMITED TO, LOSS OF PROFITS OR REVENUE, OR PROPERTY
DAMAGE, OR ANY OTHER DAMAGES, COSTS OR EXPENSES WHICH
MIGHT BE CLAIMED AS THE RESULT OF THE USE OR FAILURE
OF THE GOODS SOLD HEREBY, EXCEPTING ONLY THE COST OR
EXPENSE OF REPAIR OR REPLACEMENT AS ABOVE DESCRIBED.
4. ERROR OR SHORTAGE IN SHIPMENT
In the event of an error or shortage in the
shipment, Waage Electric must be notified
immediately, after 30 days no adjustment is possible.
5. DAMAGED SHIPMENT
If this shipment is damaaged in transit, report
loss to the delivering carrier and then write Waage
advising details. Hold contents and packagin pending
written instructions. Be sure to specify Waage
Invoice Number.
6. INFORMATION FOR RETURNING SHIPMENT
If for any reason, you wish to return this shpment
do not send it collect, all collect shipments are
automatically refused. If you have a valid reason
for refusing delivery, we will credit your account
for the expense involved in returning the same.
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