Terms and Conditions
1. GENERAL AGREEMENT. All sales are expressly conditioned on the terms and conditions set forth on this page, along with those contained in any attachments hereto. No additional or different terms shall apply (whether a part of purchase order or other communication from Buyer) unless expressly agreed to in writing by a duly authorized representative of eFilters/King Filtration Technologies, Inc. and or its subsidiaries. Notice is hereby given that eFilters/King Filtration Technologies. Inc, does not object to any different or additional terms and that such different or additional terms shall not be binding upon them. Acceptance of or payment for any of the goods constitutes Buyer's agreement to the eFilters terms and conditions.
2. WARRANTY DISCLAIMERS. SINCE THE GOODS SOLD HEREUNDER ARE NOT MANUFACTURED BY IT, EFILTERS/KING FILTRATION TECHNOLOGIES. INC. AND SUBSIDIARY COMPANIES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO WORKMANSHIP, PERFORMANCE, QUALITY, DURABILITY, FITNESS FOR PURPOSE OR MERCHANTABILITY FOR ANY OF THE ARTICLES IT SELLS. THIS DISCLAIMER IS FOR ALL LIABILITY INCLUDING, AMONG OTHERS, LIABILITY FOR CONSEQUENTIAL AND SPECIAL DAMAGES. THE ONLY WARRANTIES APPLYING TO SUCH ARTICLES ARE TH0SE WHICH ARE WRITTEN AND ARE SPECIFICALLY PROVIDED BY THE MANUFACTURER. EFILTERS/KING FILTRATION TECHNOLOGIES, INC. MAKES NO WARRANTIES BUT IT DOES MAINTAIN AND PROVIDE TO ANY CUSTOMER, UPON REQUEST, INFORMATION CONCERNING THE MANUFACTURERS' WARRANTIES. THE WARRANTY EXPRESSED IN THIS PARAGRAPH 2 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
3. DELIVERY. Shipping dates that are given in advance of actual shipment are estimated, eFilters/King Filtration Technologies, Inc. shall not be liable for failure to perform or delay in performance resulting from fire or other casualty loss, labor difficulties, transportation problems, interruptions or delays in the usual source of supply, or any other cause beyond its reasonable control. All direct shipments are F.O.B. point of shipment and each shipment delivery shall be considered a separate and independent transaction. Responsibility for filing claims with the manufacturer or carrier, as the case may be, rests with the Buyer.
4. TERMS OF PAYMENT. Invoices are due (30) thirty days from the date of invoice. No other payment terms are accepted unless other terms are agreed to in writing by a duly authorized representative of eFilters/King Filtration Technologies, Inc. A service charge in the amount of the lesser of 1½% per month (18% per annum), or maximum allowed by law will be added to all invoices that are 30 days past due.
5. TAXES. The prices for goods do not include any sales, use or other taxes or charges payable to state or local authorities. To the extent that such taxes do not appear as an additional separately itemized charge, Buyer certifies that the sale of the goods is exempt from such tax and Buyer assumes the liability for any such tax which may be found to be due, hereby agreeing to indemnify and hold eFilters/King Filtration Technologies, Inc. harmless with the respect thereto.
6. SERVICE CHARGES. A service charge in the amount of the lesser of 1½% per month (18% per annum), or maximum allowed by law will be added to all invoices that are 30 days past due.
7. RETURNS. Credit for returned goods will be allowed only to the extent agreed to in writing by a duly authorized representative of eFilters/King Filtration Technologies, Inc. and no application for credit will be processed unless Buyer provides the original invoice number and date.
8. EXTRA EXPENSE. No labor expenses or other charges will be accepted by eFilters/King Filtration Technologies, Inc. as a result of the use or modification of any of the goods sold hereunder, unless approved in writing by a duly authorized representative of eFilters/King Filtration Technologies, Inc. prior to the incurring of such expense.
9. LIABILITY. eFilters/King Filtration Technologies, Inc. shall not be liable for special, indirect, incidental or consequential damages. The remedies of Buyer as set forth herein are exclusive, and the liability of eFilters/King Filtration Technologies, Inc. with respect to any contract or sale or anything done in connection therewith, whether in contract, tort, negligence or under any warranty or otherwise shall not exceed the price of the goods on which such liability is based.
10. QUOTATIONS, RECEIPT OF ORDERS AND ACKNOWLEDGEMENTS. As to quotations by eFilters/King Filtration Technologies, Inc. and as to the receipt of customer orders and the acknowledgement of such orders, all of the foregoing shall apply (except that reference to "goods sold hereunder" shall mean "goods to be sold hereunder") and in addition thereto. The following:
- The obligation of eFilters/King Filtration Technologies. Inc. to supply the goods is expressly conditioned on the manufacturer continuing to produce such goods and unless otherwise indicated prices are based on no change in price by the manufacturer.
- Except as above noted, prices are firm for 30 days.
- Unless otherwise indicated, vessel prices do not include filter elements.
- Changes from any quotations or order accepted by eFilters/King Filtration Technologies, Inc. including a reduction in quantities. Deletion of items, and delays as to release dates, may result in price changes.
- eFilters/King Filtration Technologies, Inc. reserves the right to accept or reject all purchase orders, whether issued as to terms quoted, or otherwise.
- If in the judgment of eFilters/King Filtration Technologies, Inc. the financial condition of Buyer at the time the goods are ready for shipment does not justify the extension of credit, eFilters/King Filtration Technologies, Inc. reserves the right to require full payment in cash before shipping or delivery.
- Although eFilters/King Filtration Technologies, Inc. will endeavor to quote in accordance with Buyers specifications, or other information submitted, it makes no warranties or guarantees in this regard, and assumes no responsibility for correctness as to quantities, fitness for purpose or performance. In those instances where approved drawings or cuts are required and submitted, no goods will be released until approved copies have been returned.
- All standard and special "terms and conditions" of sale in effect by the various manufacturers of the material offered in this quotation shall be considered in their entirety as a part of the King Filtration Technologies, Inc. terms and conditions of sale in the same manner as if fully written out in this quotation.
11. OTHER TERMS AND CONDITIONS. No terms and conditions other than those herein stated, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding upon eFilters/King Filtration Technologies, Inc. unless consented to in writing by a duly authorized representative of eFilters/King Filtration Technologies, Inc. OUR ACCEPTANCE OF YOUR PURCHASE ORDER IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THESE TERMS AND CONDITIONS.