TERMS AND CONDITIONS OF SALE
The following sales conditions which are valid for all quotations, agreements and services rendered by SIKO PUMP, are the exclusive terms and conditions related to any order placed with or accepted from Seller.
DELIVERY TERMS AND RISK OF LOSS
Delivery to carrier at point of origin shall not constitute delivery to Buyer and the shipment shall be at Buyer’s risk until delivery to actual Buyer. The Buyer is liable for any loss or damage to products until delivery to actual Buyer, up to the monetary value of said sold goods. Claims for loss or damage to products in transit should be made to the Seller. Seller’s delivery obligation shall be contingent upon Seller’s approval of Buyer’s credit at time of shipment.
Rejection of non-conforming products must be made by Buyer in writing within thirty (30) days of receipt, and all defects ascertainable at time of giving notice shall be stated with particularity or be deemed waived. Under no circumstances shall products be returned to Seller without Seller’s written permission. A claim that products are non-conforming shall not entitle Buyer to deduct any sum from any invoice unless such claim has been allowed in writing. Invoices shall be paid in full in accordance with the terms of sale and in the event of subsequent allowance of any claim Seller shall promptly pay to Buyer the amount so allowed.
LIMITATIONS ON WARRANTIES
Seller warrants its products will be free from defects in material and workmanship for a specific period depending on the Manufacturer’s terms, which are promulgated to the Buyer. For products not manufactured by the Seller, it extends to Buyer the warranties of the manufacturer only, without modification. Any description of the products, whether made orally or in writing by Seller or Seller’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with Buyer’s order are for the sole purpose of identifying the products and shall not be construed as an express warranty. Any suggestions by Seller or Seller’s agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Seller. Said Warranty will be valid only upon the full and complete payment of the value of sold products.
LIABILITIES AND CONSEQUENTIAL DAMAGES
Buyer agrees that if products are non-conforming, Buyer’s exclusive remedy shall be one of the following, at Seller’s option: a) repair or replacement of the non-conforming products or b) repayment to Buyer of the purchase price.
IN NO EVENT SHALL BUYER BE ENTITLED TO ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES OF ANY KIND, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.
LIMITATIONS ON SUITS AND ACTIONS
No action or suit to enforce Buyer’s rights or remedies arising from this sale shall be commenced later than sixty (60) days from the date of shipment.
Until full and complete payment of value of sold product, ownership of said product will reside with the Seller.