Terms And Conditions
Mixer Application Data Sheet
Seller’s sole warranty is that each new unit is, under normal use and service, free from defects in material and workmanship and such warranty extends for a period of one (1) year from date of original delivery to Purchaser of such new unit. Seller’s sole and only obligation under said warranty is, and shall be, to replace at the factory any part or parts of such unit which shall, within said one (1) year from original delivery, be returned to Seller with transportation prepaid, and which Seller’s examination shall disclose to have been thus defective, and in no event shall Seller be liable for special or consequential damages including, without limitation, any damage or loss by reason of business interruption, spoilage, loss of production, labor or materials, or inability to fill present or future orders. Seller’s said warranty shall not apply to any unit or parts thereof which shall have been repaired or altered in any way outside Seller’s factory, nor to any unit in which parts other than Seller’s genuine or recommended parts have been installed, nor to any unit or parts thereof which have been subject to misuse, negligence or accident nor to any items or parts not designed or manufactured by ARDE BARINCO, INC.
LIMITATION OF WARRANTY
EXCEPT AS SPECIFICALLY SET FORTH HEREIN THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR OTHERWISE.
Delivery of the ordered items(s) shall be made F.O.B. point of shipment, and thereafter risk of loss, injury or destruction of the equipment from any cause be upon Purchaser who shall not be excused from the obligation to make payment. Receipt of such items by Purchaser shall constitute a waiver of all claims for delay and in no event shall Seller be liable for special or consequential damages. Seller shall not be liable for delay in delivery due to (i) its ability to obtain critical materials, equipment and parts (ii) the imposition of government priorities and allocations (iii) prior orders and design and production problems (iv) other contingencies or causes beyond its reasonable control or (v) acts of God, acts of Purchaser, acts of civil or military authority, fires, strikes, labor disputes, sabotage, breakdown, floods, epidemics, quarantine restrictions, war, riot, priorities, freight embargoes, car shortages, wrecks or delays in transportation, unusually severe weather or inability to obtain necessary labor, materials or manufacturing facilities due to such causes. In the event of any such delay, the date of delivery shall be extended for a length of time equal to the period of the delay. Delay for any such reason shall not entitle Purchaser to cancel its purchase order, excuse Purchaser from the obligation to make payment, or result in any liability of ARDE BARINCO, Inc.
CONFLICT OR AMENDMENT OF TERMS
Should any of the terms and provisions of Purchaser’s order be in any way inconsistent with the terms and conditions herein, such inconsistent terms and conditions of Purchaser’s order shall not be binding on Seller and shall not be considered applicable to the sale. No waiver, alterations, or modifications of any of the provisions herein shall be binding unless made in writing, in accordance with all applicable government regulations, and signed by an executive officer of Seller at its Home Office in Carlstadt, NJ.
Seller retains a security interest in the machinery, equipment and parts sold herein and all proceeds thereof until fully paid for in cash whether or not altered in any way or affixed to any structure. Upon request by Seller, Purchaser agrees to perform all acts which may be necessary to protect Seller’s security interest, including the execution and delivery of any additional security instrument or statement required under the Uniform Commercial Code or other applicable law in the appropriate jurisdiction. Where local laws permit, ARDE BARINCO, INC. may file financing statements signed only by ARDE BARINCO, INC. This is a purchase money security agreement, and the security interest granted hereunder is a purchase money security interest.
Any expenses (including costs of suit and reasonable attorney’s fees) incurred or paid by Seller in enforcing its rights arising pursuant to the terms hereof (whether or not a lawsuit is filed or a judgment is rendered in connection therewith) shall be paid by Purchaser.
On equipment obtained from outside sources for Purchaser’s account, such as motors, controls, speed reducers, etc., the prices billed for such equipment shall be those prevailing at the time of shipment to Seller. The prices shown include the equipment exactly as described. Any change in design or material will make these prices subject to revision.
Prices and all terms and conditions of sale are established in current price sheets and are subject to change without notice. All orders are subject to acceptance by ARDE BARINCO, INC., at its Carlstadt, NJ, office only. No assignment of the purchaser’s rights may be made without the consent of ARDE BARINCO, INC., Carlstadt, NJ.
If any provision of this contract shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect.
This order is not subject to cancellation unless agreed to in writing by ARDE BARINCO, INC.
ARDE BARINCO, INC., reserves the right to make changes not affecting overall equipment performance. ARDE BARINCO, INC. further recognizes no obligation to include future improvements in preceding models.