Terms and Conditions of Sale
Seller: Lakeland Engineering Equipment Company.
Warehouse: Stocking point of Lakeland Engineering Equipment Company.
Factory: Manufacturing site of manufacturer.
Terms: Net 30 days from date of invoice, unless otherwise specified in writing. Payable in US Funds.
Credit: Until satisfactory credit has been established, our terms shall be cash with order or cash on delivery. If any time, in Seller's judgment, Buyer's credit has been impaired. Seller may withhold delivery of any material called for hereunder until satisfactory cash or credit arrangements have been established.
Price: Stenographical and clerical errors in quotations or invoices are subject to correction.
Acceptance: This proposal is good for a period of thirty (30) days unless stated otherwise, and in the meantime my be withdrawn or changed upon written notice. Prices are for items listed only and do not include additional services.
Taxes: These prices do not include taxes. The purchaser shall pay to Lakeland Engineering Equipment Company, in addition to purchase price, the amount of taxes which Lakeland Engineering Equipment Comapny is required to pay in connection with furnishing goods or services to the Purchaser.
Deliver: (a) Delivery will be made from warehouse or factory, and risk of loss shall pass to the Purchaser, upon making delivery to the carrier, at that point .
(b) Seller shall choose reasonable transport and shipment routes, unless shipping instructions have been specified by Purchaser.
(c) Seller has no liability for delay in delivery nor is order subject to cancellation due to delays beyond seller's control.
Cancellation: Cancellation of an order must be done only with seller's written consent and with payment to the seller of reasonable and proper cancellation charges.
Partial Shipments: Seller may make partial shipments and invoice accordingly unless otherwise specified in writing.
Return of Material: Material may not be returned to seller without the seller's written permission. Material made to special order may not be returned. Material, which, in the seller's opinion is resalable, may be returned in original container and in good condition for credit at seller's option unless an appropriate charge.
Warranty: Seller shall warrant material for the period and terms extended by the manufacturer of the product. Warranty shall cover defects in material and workmanship, under normal use and service and in accordance with specifications and recommendations of the manufacturer. Seller's obligation under this warranty is limited to replacing or repairing, without charge. FOB point of manufacture, or at manufacturer's designated plant, any article proven defective. Defective item(s) to be shipped prepaid to Seller or Factory as instruct.
THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE AND THE BUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO HIM OR RELIED UPON BY HIM WITH RESPECT TO THE QUALITY AND FUNCTION OF THE GOODS HEREIN SOLD.
LIMITATIONS OF LIABILITY: IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE), SHALL LAKELAND ENGINEERING EQUIPMENT COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING FOR PURPOSES OF ILLUSTRATION, BUT NOT FOR LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF EQUIPMENT FURNISHED OR SERVICES BY LAKELAND ENGINEERING EQUIPMENT COMPANY, DAMAGE TO, OR LOSS OF, USE OF, ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT PRODUCTS, FACILITIES, SERVICE OR POWER, DOWN TIME COSTS, OR CLAIMS OF THE CUSTOMER'S CUSTOMER FOR SUCH DAMAGES. IF THE CUSTOMER TRANSFERS TITLE TO OR LEASES THE PRODUCTS SOLD OR SERVICES HEREUNDER TO ANY THIRD PARTY, THE CUSTOMER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING TO LAKELAND ENGINEERING EQUIPMENT COMAPNY AND ITS SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE, AND THE CUSTOMER WILL DEFEND AND HOLD LAKELAND ENGINEERING EQUIPMENT COMPANY HARMLESS FROM ANY CLAIMS OF SUCH THIRD PARTIES.
LAKELAND ENGINEERING EQUIPMENT COMPANY'S LIABILITY ON ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM THIS AGREEMENT OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM THE PRODUCTS OR SERVICES FURNISHED HEREUNDER, SHALL IN NO CASE EXCEED THE PRICE OF THE SPECIFIED PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD AS STATED BY THE MANUFACTURER OF THE PRODUCT.
The furnishing of advice or other assistance without separate compensation therefore will not subject Lakeland Engineering Equipment Company to any liability, either in contract, warranty, tort, (including negligence), or otherwise.
Each of the foregoing paragraphs in this article will apply to the full extent permitted by law. The invalidity, in whole or part, of any paragraph will not affect the remainder of such paragraphs or any other paragraph.