All sales with ISCO Industries, LLC ("Seller") are subjected to
the following terms and conditions.
Acceptance: All sales are subject to the
approval and acceptance by an authorized representative of
Seller.
Cancellation: Any sale that is in the
process of production or shipment is not subject to cancellation,
deferment of delivery, or change of specification without the
approval of an authorized representative of Seller.
Freight: Unless specifically stated that
freight is allowed, all orders shall be F.O.B shipping point.
When freight is allowed, the prices are F.O.B. from the shipment
point, with freight allowed to specified destination. The point or
origin of the shipment, the method of transportation, and the
routing of shipments are at the discretion of Seller.
Returned Goods: Buyer shall not return
any goods without obtaining authorization from Seller. Goods
returned for credit must be in new condition and will be subjected
to a minimum twenty-five (25) percent restocking charge, F.O.B
Seller shipping location. Only standard stocking items with a
standard part number are eligible for return. Non-standard
items, items shipped direct from a manufacturer, or specialty-made
goods will not be accepted for return. Any
items/structures/goods that require a Seller-furnished Work Order
and/or a Computer Automated Drawing will not be accepted for
return.
Performance: All promises as to the date
of shipment are made in good faith. Seller will attempt to
keep such promises by taking every reasonable precaution in the
placing of its orders and obligating its manufacturers to insure
that they carry out their agreements. Since all manufacturers
accepting orders specifically deny any liability for consequential
damages this proposal is made with the distinct understanding that
Seller will not be held liable for damages of any kind.
Limited Warranty: Products manufactured
by Seller are warranted only to the extent that Seller will furnish
replacement parts, free of charge, F.O.B. shipping location; or at
Seller's option, will refund the purchase price of any product
which, when installed and used was recommended by Seller and in
accordance with the best installation and operating practices and
techniques, is proven to be defective in material or workmanship
within one (1) year from the date of shipment. Seller must
receive immediate notice of the defect and the opportunity to
inspect the same at the place of installation. Products sold
by Seller which are manufactured by others are warranted only to
the extent of, and are limited to, the warranty of the
manufacturer.
The warranties set forth
above are in lieu of all other warranties, express or implied,
including the warranties of merchantability and fitness for a
particular purpose. Seller shall not be liable to Buyer or
any other party for negligence, strict liability, or any other
delay, act, or error, for losses of any kind. Seller shall
not be liable to Buyer or any other party for direct, indirect,
special, or consequential damages.
Without limitation of the
foregoing, Seller's liability to any other product whether by
warranty or otherwise, shall in no event exceed the original
purchase price.
The above stated limitations
may be waived or modified only by writing signed by an executive of
Seller.
Payment Terms: All credit is subject to
the approval of Seller's credit department. Unless otherwise
noted in the terms of the sale, all sales are on Net 30
terms. A service charge in the amount of one-and-one half
percent (1-1/2%) per month or eighteen percent (18%) per year or at
the greatest amount permitted by law, will be added to any account
thirty (30) days past due. Seller reserves the right to
require full or partial payment in advance of shipment when the
financial condition of the Buyer does not justify continuance of
shipment on the terms of payment specified. Order from buyers
with approved credit may be shipped C.O.D. after Buyer's
approval.
Taxes: Prices do not include any present
or future federal, state, or local taxes unless specifically
stated. It is the responsibility of Buyer to assume all
taxes. When applicable, taxes may be added to the purchase
price and be paid by Buyer unless Buyer furnishes a tax-exemption
certificate in a form agreeable to the respective authority.
Waiver, Modification: Waiver of Seller of
any breach of these terms and conditions shall not be constructed
as a waiver of any other breach. These terms and conditions
represent the complete agreement between Buyer and Seller. No
terms or conditions in any way adding to or modifying the
provisions shall bind Seller; without written consent from a duly
authorized representative of Seller.