Terms And Conditions
All prices shall be f.o.b. our factory in accordance with Tape Casting Warehouse, Inc. Price Lists and quoted prices in effect at the time of receipt of purchase order.
The prices quoted are for acceptance within 30 days and subject to terms 30% with Purchase Order, 30% upon notification that machine is ready for inspection prior to shipment, 30% upon customer approval or 30 days after notification whichever comes first, remainder due within 30 days of date of invoice.
If during the period of contract the financial condition of the purchaser does not justify the terms of payment specified, the company may demand full or partial payment in advance before proceeding with the contract.
Prices are exclusive of any tax or other charges the company may be required to collect or pay upon sale of items quoted. Such charges are payable by the purchaser and will not appear on invoices.
The promised shipment date is estimated from current production schedules and is subject to confirmation at the time of receipt of purchase order. The company is not responsible for any loss, damage or delay of any type caused by reasons beyond its control. Unless specifically agreed upon in writing, exact time of delivery is not a condition of sale, therefore cancellations, returns or penalties cannot be considered for that reason.
The responsibility for claims for damages and non-receipt is transferred to the consignee after bill of lading or express receipt is signed. Claims for damage should be made to the carrier by the purchaser after inspection upon receipt and not later than ten (10) days thereafter.
The Seller warrants and represents that all new products delivered to the Buyer by the Seller shall be free from defects in materials and workmanship for and during the warranty period, which shall commence on the date of delivery of the product to the Buyer and shall extend for a period of 90 days therefrom. The responsibility and/or liability of the Seller in connection with the warranted products shall be limited to the maximum amount of the original purchase price of such product. Moreover, in no event shall the Seller be liable for transportation, labor, or other charges or repairs, installation, adjustments or other work made in connection with the products.
The Seller's obligations under this warranty are limited to replacing or repairing, at the Seller's option, any such product which is returned per Seller's instructions, including all transportation charges prepaid by the Buyer, and which product in the Seller's sole opinion is determined to be defective upon examination at its plant. The Seller may use reconditioned parts of products for such repair or replacement. This Warranty does not apply to any product which has been repaired, worked upon or altered by persons not so authorized by the Seller or in the Seller's sole judgment has been subject to misuse, negligence, accident, fire, improper storage, or other casualties, or operation beyond the designed range.
The Seller reserves the right to make changes in design or construction of any of its products at any time without incurring any obligations to make any changes whatever on units previously purchased, nor shall any such changes create any implication whatsoever that any product manufactured or furnished without such changes is in any way defective.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES AS TO MERCHANTABILITY, REPRESENTATIONS OR WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY TO THIS AGREEMENT AND TO THE PRODUCTS.
ACCEPTANCE OF ORDERS:
These terms and conditions shall become part of the order and constitute a binding mutual agreement between the purchaser and The Tape Casting Warehouse, Inc.. These conditions shall take precedence over any which may appear on the purchaser's standard order form unless otherwise agreed in writing.
Any order may be canceled upon payment of reasonable charges to cover expenses and commitments already incurred by Tape Casting Warehouse, Inc. on behalf of the purchaser.
CHOICE OF LAW:
This agreement shall be deemed to have been made in the Commonwealth of Pennsylvania and disputes between the parties may be enforced under the venue and jurisdiction of the Court of Common Pleas of Bucks County, Pennsylvania or the United States District Court the Eastern District of Pennsylvania. The construction and validity of this Agreement shall be determined in accordance with the laws of the Commonwealth of Pennsylvania, regardless of the place of performance or execution. If any provision hereof or performance hereunder is now or hereafter prohibited by law, regulation or other governmental action in any county, state, territory or political subdivision, then such provision shall be deemed not to be a part of this Agreement within the jurisdiction in which such prohibition is operative. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of the remaining provisions.
This Agreement embodies all of the understandings and obligations between the parties with respect to the subject matter hereof. No Amendment or modification of this Agreement shall be valid or binding upon the parties unless made in writing, signed on behalf of each of the parties by their respective officers.