Terms & Conditions
REF. NO. 50102
INCORPORATED INTO PURCHASE ORDER: The Purchase Order and these Terms and Conditions are to be interpreted together as one agreement and shall be collectively referred to as the “Agreement”.
PAYMENT TERMS: As specified in the quotation and confirmed in the Sellers Order Acknowledgement.
The amount of any sales, use, excise, or similar taxes applicable to the equipment sold, imposed upon and paid by JANDA, shall be added to the purchase price, or subsequently billed to the Purchaser.
DELIVERY: Delivery shall be made F.O.B. JANDA unless otherwise stated. All transportation charges incurred by JANDA shall be billed to and paid by the Purchaser. Purchaser shall bear all risk of loss of the equipment (the “Equipment”) upon delivery to carrier.
SCHEDULED DELIVERY: Orders are not processed until receipt of purchase order and deposit. Therefore, delivery time quoted commences from the date purchase order and/or deposit is received, whichever is later. Delivery may also be affected by delays in receiving necessary information, correct prints, samples to print or progress payments.
INSTALLATION AND SERVICE: All equipment shall be installed by and at the expense of the Purchaser. Start-up service and training is available. All repairs, service calls and/or returns are F.O.B. JANDA.
WARRANTY: JANDA warrants equipment of its manufacture to be free from defective material and workmanship for a period of six months from date of shipment from the factory. The Purchaser shall notify JANDA immediately of any defective parts, and JANDA shall thereupon correct such defective parts, F.O.B. JANDA. JANDA shall in no event be held liable for damage or delay caused by defective parts and will not accept any charges for work performed by Purchaser or repairs or modifications to the equipment unless such work has been authorized in writing by JANDA. This warranty does not cover damage caused by misuse, neglect, accident, abuse, incorrect installation or operation. In addition, it does not cover damage occurring during transit. Equipment or components not of JANDA’s own manufacture are sold under such warranty only as the makers thereof give JANDA and JANDA is able to enforce, but such items are not warranted by JANDA in any way.
Standard safety practices are followed by JANDA in the design and manufacture of its equipment. JANDA disclaims any liability for loss, damage, injury or other consequential damage resulting from improper use of the equipment. Unless specifically offered as an option, the Purchaser is responsible for providing guards and any other safety devices necessary to meet OHSA regulations and acknowledges responsibility for compliance with OSHA and other safety regulations. At Purchaser’s request additional safety features can be quoted and supplied at additional costs.
EXCLUDED LIABILITIES: In no event will JANDA be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to losses, claims or expenses for loss of business and/or profits, arising in connection with the use of or inability to use its equipment for any purpose whatsoever, all of which are hereby disclaimed.
GENERAL SPECIFICATIONS: General specifications not referenced shall be in accordance with engineering judgment and the design and manufacturing practices of JANDA. Nothing herein shall be interpreted as an understanding or agreement that detailed or shop drawings or patterns will be furnished on any part of the equipment offered.
JANDA only warrants the performance of the Equipment’s functions and the rate at which the functions occur. Measurements that are operator dependent including estimated cycle times and estimated production rates are not warranted.
Any specification or part changes after execution of the Agreement by both parties may result in delays and/or additional charges, including any changes or upgrades requested at time of demonstration, as well as any additional samples beyond those supplied during demonstration.
When a run-off is required, Purchaser is responsible for providing clean, accurate and consistent parts. All Purchaser- supplied parts and materials or necessary fixtures to test the Equipment will be provided to JANDA by Purchaser in a timely fashion at no cost to JANDA. Delays in providing the testing materials may result in delivery delays and/or additional charges.
ACCEPTANCE AND CANCELLATION: Orders accepted by JANDA may be canceled only with its consent and on payment of reasonable cancellation charges which shall include expenses already incurred and commitments made by JANDA on Purchasers behalf.
CHOICE OF FORUM: The parties to this Agreement irrevocably consent to the jurisdiction of the courts of the State of California, County of Riverside. Any dispute or action arising out of or under this Agreement shall be resolved in the State of California, County of Riverside. The prevailing party in any such action or dispute shall be entitled to reasonable attorney’s fees and costs.
SEVERABILITY: If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.