Air Dimensions Incorporated Dia-Vac R Series Betriebsanleitung - Seite 9
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Appendix B‐ TERMS AND CONDITIONS OF ACKNOWLEDGMENT OF ORDER
1. EXCLUSIVE REMEDY. Seller will replace or, at its option, repair
any products or parts thereof which are found defective by Seller in material or workmanship within
one year from date of shipment, provided the product has been properly installed, maintained and
operated. Seller's obligation with respect to such products will be exclusively limited to repair or
replacement F.O.B. Deerfield Beach, Florida, U.S.A., and in no event shall Seller be liable for consequential
or special damages, or for transportation, installation, adjustment, or other expenses which may arise in
connection with such products. NO EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES WHETHER
OF MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE (EXCEPT AS TO TITLE),
SHALL APPLY TO PRODUCTS SOLD BY US, AND NO WAIVER, ALTERATION, OR MODIFICATION
OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN
OFFICER OF SELLER.
2. METHOD OF SHIPMENT. This apparatus will be shipped "knocked down" to the extent we consider
necessary for proper shipment with small parts.
3. SHIPMENT. All goods are shipped F.O.B. shipping point which shall be Deerfield Beach, FL unless
otherwise specified. Risk of loss of damage to goods in transit shall fall upon Buyer.
4. TERMS. Subject to any prior written agreement to the contrary, and to approval of credit, payment for
products shall be made Net 30 days from date of invoice. If in Seller's opinion the financial condition of
Buyer does not justify continuance of production or shipment on the terms of payment specified, Seller
may, at its option, require full or partial payment in advance. Seller reserves the right to issue an invoice
if shipment is delayed due to Buyer's responsibility, request or if partial shipment occurs. Goods held for
Buyer shall be at the risk and expense of Buyer. All bank and collection charges are for Buyer's account.
5. TAXES. In addition to the purchase price, Buyer shall pay or upon receipt of invoice from Seller shall
reimburse Seller for all sales, use, occupation, gross income, excise, documentary stamp, and other taxes,
assessed or imposed by Purchaser, or on the machine as required to be collected by Seller, by reason of
or on account of the delivery, purchase, or sale of any article here under or the execution of this contract.
6. PATENT INDEMNITY. Buyer shall indemnify and hold Seller harmless against any loss, liability or
expense, including reasonable attorney's fees, resulting from infringement or patents or trademarks
arising from compliance with Buyer's design, specifications or instructions. Upon notification by Seller,
Buyer shall at its sole expense undertake the complete defense of all lawsuits or other proceedings
brought under this paragraph. Buyer agrees that it will not reproduce any of the aforementioned
equipment in whole or part for the purpose of use or resale or for any other purposes without the Seller's
written consent.
7. DELAYS. Shipping dates are approximate and are based upon prompt receipt of all necessary
instructions and information which will enable Seller to immediately start shop construction. Seller shall
not be liable for delay in delivery due to causes beyond its reasonable controls such as acts of God, acts
of Buyer, acts of civil or military authority, priority, fires, strikes, floods, epidemics, quarantine
restrictions, war, riot and delays in transportation. In the event of delay due to such causes, the date of
delivery shall be extended for a period equal to the time lost by reason of delay. If by reason of any of the
foregoing events or conditions shipment is delayed more than one year beyond the period specified
herein, either party may terminate this contract by written notice to the other, and in that event Seller
shall return to Buyer all payment previously made hereunder without interest.
8. STANDARD PRICES. Prices shown are standard to Industry and U.S. government for a like quantity and
model.
9. CLAIMS. All claims must be made in writing within 30 days of receipt of goods; otherwise such claims
shall be deemed waived and released by Buyer.
10. DEFAULT. In the event of a default by Buyer, Seller may, in addition to all other remedies it may have
as a result of such default, elect to retain any and all payments made by Buyer hereunder as liquidated
damages.
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