Terms and Conditions
In the absence of a written acceptance of these terms and conditions of sale by the buyer, an acceptance of any of the goods covered by buyer’s order shall constitute an acceptance of these terms and conditions of sale, which shall constitute the entire contract between Kaiser Manufacturing LLC and the buyer except as hereinafter expressly provided. No waiver, alteration or modification of these terms and conditions of sale shall be binding upon Kaiser Manufacturing LLC unless made in writing and signed by an authorized representative of Kaiser Manufacturing LLC. Any attempt to strike out or alter these terms and conditions herein shall not be deemed an acceptance, but rejection of the offer contained herein, and a new offer by the buyer, which, to be effective, must be expressly accepted by Kaiser Manufacturing LLC in writing and signed by an authorized representative of Kaiser Manufacturing LLC. Any terms and conditions of the buyer’s purchase order (or any document) which are in any way inconsistent with or in addition to the terms and conditions set forth herein are hereby expressly rejected notwithstanding an acceptance of the buyer’s order and shall not be binding on Kaiser Manufacturing LLC, unless and only to the extent that such inconsistent or additional terms and conditions are accepted by Kaiser Manufacturing and expressly notes that they are departures from these terms and conditions and which is signed by an authorized representative of Kaiser Manufacturing.
If the order is not accepted, Kaiser Manufacturing will promptly refund such deposit. Quotations may be withdrawn by Kaiser Manufacturing unless accepted by the buyer within thirty (30) days from the date of the quotation.
DRAWINGS & TECHNICAL INFORMATIONDrawings and technical information provided in response to customer requirements are property of Kaiser Manufacturing. Such information may be subject to change prior to or after becoming a contract. Where a proposal includes a drawing reference, a copy of the approved drawing must accompany an order. Any discrepancy shall be resolved by the buyer. Drawings and technical information accompanying a proposal are not to be used for manufacturing purposes. Changes or delays in approval may affect schedules. Proposals and drawings provided by Kaiser Manufacturing are considered proprietary and copyright protected. All proposal information must be returned to Kaiser Manufacturing promptly if requested.
FORCE MAJEUREKaiser Manufacturing shall not be held liable to customer/buyer for any failure or delay in product and/or services due to any circumstances beyond the reasonable control of Kaiser Manufacturing including, but not limited to acts of God; accidents; riots or civil commotion; acts of war; terrorism; epidemic; pandemic; quarantine; natural catastrophes; governmental acts or omissions; changes in law or regulations; strike; fire or other natural disaster; or general lack of availability of raw materials or energy.
TITLE & TRANSPORTATION OF PRODUCTS & EQUIPMENT
Title to goods purchased from Kaiser Manufacturing passes to the customer/buyer at the point of origin (F.O.B. Carol Stream, IL USA) and upon shipment. The responsibility for providing insurance coverage on such product and /or equipment then passes to the buyer. Claims for damages in transit or shortages shall be made to the transportation carrier or insurance company. Payments will not be withheld on damaged or lost product and/or equipment once title has passed to the buyer. Kaiser Manufacturing retains a security interest in the product and/or equipment until the purchase price is paid.
STANDARD TERMS & CONDITIONS
PRICE & AVAILABILITY
Prices effective as of the quote date supersede all previous prices. Please consult Kaiser Manufacturing for stock status of product and equipment availability. Prices shown and quoted are subject to change without notice and typographical errors are subject to correction. Pricing for custom product and equipment will be quoted in a proposal valid for thirty (30) days, unless indicated otherwise, and thereafter subject to change without notice.
It is understood and agreed that the buyer will assume charges for any changes requested on custom proposals after approved drawings have been returned to Kaiser Manufacturing. Prices are F.O.B. Carol Stream, IL USA. Kaiser Manufacturing will invoice any prepaid freight and insurance to the buyer.
Applicable Sales and Use taxes shall be invoiced to or paid by the buyer unless tax exempt and are not included in the prices quoted. Relevant sales tax exemptions certificate must be provided at the time of order.
TERMSPayment is due net thirty (30) days from date of invoice with purchase order and credit acceptance by Kaiser Manufacturing. All other orders my be prepaid with credit card at the time of order. Any amount not paid by buyer when due shall bear interest from the date such amount is due at 1.5% per month or the highest applicable lawful rate which may be charged, if less.
LIMITED WARRANTYKaiser Manufacturing warrants its custom products and equipment it has manufactured to be free from defects in materials and workmanship, and satisfaction is guaranteed for one year from the date of shipment. If such equipment fails, Kaiser Manufacturing will either repair or replace such equipment at its expense. Items manufactured by others shall carry the guarantee offered by those manufacturers. This limited warranty does not cover defects or required repairs resulting from failure to follow Kaiser Manufacturing’s recommended operating and maintenance practices; operator error; misuse; negligence; accidental damage; or unauthorized alterations.
The Foregoing Warranty is Exclusive and in Lieu of all Other Warranties, Whether Written, Oral or Implied Including any Warranty of Performance, Merchantability, or Fitness for a Particular Purpose.
STANDARD TERMS & CONDITIONS
LIMITATION OF TIME FOR COMMENCEMENT OF ACTION BY CUSTOMER/BUYERAny action for breach hereof or for negligence must be commenced by customer/buyer within 30 days after shipment of custom product. One year after the date of shipmentof Standard Equipment & Product.
CHOICE OF LAWThis agreement shall be deemed to have been made in Carol Stream, DuPage County, IL USA. Its construction and validity shall be determined in accordance with the laws of the State of Illinois. If any provision hereof, or performance hereunder, is now or hereafter prohibited by law, regulation, or other governmental action, in any country, state or territory, or political subdivision, then such provision shall be deemed not to be a part of this
agreement, within the jurisdiction in which such prohibition is operative. The invalidity or unenforceability of any provisions hereof shall not affect the validity or enforceability of the remaining provisions.
LIMITATION OF LIABILITYKaiser Manufacturing shall not be liable, whether arising under contract, tort (including negligence), strict liability, or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, non-operation or increased expense of operation, cost of money, loss or use of equipment, capital, or revenue, or for any indirect, special, incidental or consequential loss or damage. Kaiser Manufacturing’s maximum liability, whether arising from breach of contract, tort (including negligence), strict liability, breach of warranty or otherwise shall not exceed the purchase order price.
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