3366 | www.aaatech.com | email@example.com
AAA Technology & Speciales Co., Inc.
TERMS AND CONDITIONS
: The pares to these terms and condions of sale are: Buyer, the purchasingparty, and AAA Technology and Speciales Co., Inc., hereinaer referred to as AAAT, theselling party.
: These terms and condions with respect to any sale of products by AAAT to Buyer whether or not Buyer issues a purchase order for the prod-ucts. No Waiver, alteraon or modicaon of these terms and condions whether onBuyer purchase order or otherwise shall be valid unless the waiver, alteraon and modi-caon is specially accepted in wring and signed by an authorized representave (Ocer)of AAAT.
: Unless otherwise stated, all prices for materials and F.O.B. Point of ship-ment.
PRICES AND DESIGNS
: Prices and designs are subject to change without noce. AAATis not responsible for typographical errors.
: AAAT will make every eort to complete delivery of products as quotedand as indicated on AAAT’s acceptance of an order from Buyer, however AAAT assumesno responsibility or liability and will accept no back charge, for loss or damage due todelays or inability to deliver such products caused by acts of God, war, labor dicules,accident, delays of carriers, by contractors or suppliers, inability to obtain materials, orany other causes beyond the control of AAAT and connues for a period of sixty (60) days,AAAT by wrien noce to Buyer, may terminate any such contract of sale of its productswithout liability of any nature. Under no circumstances shall AAAT be liable for anyspecial or consequenal damage or for loss, damage, or expense (whether or not basedon negligence) directly or indirectly arising from delays or failure to give noce of delay.
: Delays due to lack of purchase order issuance or the submial or requiredinformaon or design informaon which result in inability to meet scheduled dates shallresult in said dates being extended.
: All products shipped will be carefully examined, counted and packed.The cost of any special packing or special handling caused by Buyer’s requirements orrequests shall be added to the amount of the order. No claim for storages will be allowedunless made and properly documented in wring within ten (10) days of receipt of ship-ment. Claims for products damaged or lost in transit should be made on the carrier, asAAAT’s responsibility ceases, and tle passes, on delivery to the carrier.
8. SPECIAL PRODUCTS: Orders covering special or non standard products are not subjectto cancellaon except on such terms as AAAT may specify upon wrien request fromBuyer.
: Prior to returning any products to AAAT. All items shipped to AAAT withoutpermission to do so will not be accepted. All products approved for return to AAAT willbe subject to the following: (a) All material returned must, on its arrival at AAAT’s facili-es, be found to be in rst
class condion: If not, cost of pung in salable condion willbe deducted from credit memoranda, (b) A handling charge of twenty percent (20%) of the original price paid by Buyer will be deducted from all credit memoranda issued formaterial returned and (c) Transportaon charges, if not prepaid, will be deducted fromcredit memoranda.
: AAAT warrants for one year from the date of shipment all productsAAAT manufactured to the extent that AAAT will replace those having defects in materialor workmanship when used for the purpose and in the manner in which AAAT recom-mends. Claim for breach of the above warranty must be submied in wring within thirty(30) days from the date the material was determined by Buyer to be defecve or, in anyevent, within twelve (12) months from the date of delivery to the original user, unlessotherwise stated. If AAAT’s examinaon shall disclose to its sasfacon that theproduct’s are defecve, and an adjustment is required, the amount of such adjustmentshall not exceed the net sales price of the defecve products only and no allowance willbe made for labor or expense of repairing or replacing defecve products or workman-ship or damage resulng from the same. AAAT warrants the products which it sells of other manufacturers only to the extent that they are warranted to AAAT by the supplier.Where engineering design or fabricaon work is supplied, Buyer’s acceptance of AAAT’sdesign or delivery of AAAT’s work shall relieve AAAT of all further obligaon, other thanas expressed in AAAT’s product warranty. THIS IS AAAT’S SOLE AND EXCLUSIVE WAR-TRANTY. AAAT MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIEDAND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE WHICH EXCEED AAAT’S AFORESTATED OBLIGATION ARE HEREBY DESCLAIMEDBY AAAT AND EXCLUDED FROM THIS WARRANTY. IN NO EVENT AND UNDER NO CIRCUM-STANCES WILL AAAT BE LIABLE FOR PERSINAL INJURY OR PROPERTY DAMAGE ARISING INANY MANNER OUT OF THE USE OR APPLICATION OF THE PRODUCTS AND SERVICES OFAAAT. UNDER NO CIRCUMSTANCES, AND IN NO EVENT WILL AAAT BE LIABLE FOR CONSE-QUENTIAL, SPECIAL OR INCIDENTAL DAMAGES WHETHER FOR BREACH OF CONTRACT ORWARRANTY, NEGLIGENCE OR ANY OTHER TORTUOUS ACT OR OMISSION.
The terms of this warranty can be modied or changed only in wring by an authorizedrepresentave (ocer) or AAAT. AAAT neither assumes, nor authorizes any person toassume for it, any other obligaon in connecon with the sale of its engineering designsof products. This warranty shall not apply to any products or parts of products whichbeen (a) repaired or altered outside of AAAT’s facilies. In any manner: or (b) have beensubjected to misuse, negligence or accidents: or (c) have recommendaon. AAAT shallnot be responsible for design errors due to inaccurate or incomplete informaon suppliedby Buyer or its representaves.11.
PRODUCT APPLICATION AND INDEMNIFICATION
: AAAT’s products are strictly in-tended for installaon and service as illustrated or described in its catalog. AAAT is awarethat pipe hanger products have been used successfully for purposes other than for whichthey were intended or designed. AAAT also know that on occasion pipe hanger productshave failed when used as tools of erecon or for some purpose other than for which theywere designed.
Examples of misapplicaons which can result in failure include: failure to remove travelstops before pung the piping system on line, or failure to lock spring hangers into asolid posion prior to hydrostac tesng: the use of a beam clamp on a beam other thandescribed in the catalog: and the suspension of clevis hangers, one under another, whichcan result in an accumulave load greater than the pipe hanger will support. Theseinstances are by way of example only and are not intended to be all inclusive of the man-ner in which misapplicaon may occur.
Pipe hanger products are produced in accordance with industry codes and standards.Anyone using AAAT hanger products should employ good engineering judgment, followindustry standard pracces, exercise reasonable care and follow all necessary safetyprocedures to avoid accidents. AAAT shall not be responsible for any losses or damagesustained by the Buyer or any other person as a result of misapplicaon.
Buyer shall defend, indemnify, and save AAAT harmless from any and all liability or al-leged liability, expenses, including legal fees arising from personal injuries including deathor damage to property caused by reason of improper and/or negligent installaon of pipe hangers designed and fabricated by AAAT.
: The amount of any sales, excise or other taxes, if any, applicable to the prod-ucts covered by this order, shall be added to the purchase price and shall be paid byBuyer unless Buyer provides Seller with an exempon cercate acceptable to the taxingauthories.
: $50.00 PLUS transportaon.
: Cash, net 30 days plus on and one half percent (1 ½%) interest per month onthe unpaid balance thereaer.