JANDA’s
Terms & Conditions
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 Standard equipment terms require a deposit with purchase order, balance 1/10,N/30 on approved credit. Special equipment terms require a deposit with purchase order, a progress payment on completion and prior to shipment, balance 1/10,N/30 on approved credit. Purchase orders shall specifically refer to the terms stated in this quotation and order acknowledgement.
All payments are to be made in U.S.A. dollars at par, New York Exchange. 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.
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 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. Title to merchandise passes at point of shipment, claims for damaged merchandise should be made to carrier.
INSTALLATION AND SERVICE All equipment shall be installed by and at the expense of the Purchaser. Start-up service and training is available.
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, or from date of assignment to storage at Purchaser’s request, when given normal and proper usage and while owned by the original Purchaser.
The Purchaser shall notify JANDA immediately of any defective parts, and JANDA shall thereupon correct such defective parts, JANDA will correct same 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 in making adjustments or repairs 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, or damage caused by or resulting from repair or modifications carried out by anyone other than JANDA.
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. The equipment is inspected and tested before shipment and deemed safe for the normal and usual service for which it is sold. JANDA disclaims any liability for loss, damage, injury or other consequential damage resulting from improper use of the equipment.
EXCLUDED LIABILITIES In no event will JANDA be liable for any direct, indirect, incidental, special or consequential damages, 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. The liability of JANDA (except as to title) arising out of the supply of the equipment shall not in any case exceed the cost of accepting it in original condition, F.O.B. Janda for full credit. Upon the expiration of the warranty period, any and all such liability shall terminate.
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.
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, including any action for collection of payment under this confirmation of sale. 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 of invalidated.