STANDARD TERMS AND CONDITIONS PLASMO USA LLC
All quotations are made and the Seller accepts orders on the terms and conditions stated herein. No condition stated by the Buyer shall be binding upon the Seller if it is in conflict with, inconsistent with, or in addition to the terms and conditions herein, unless accepted in writing by the Seller. In the event of conflict in the terms of the Buyer’s printed order form and the terms hereof, the terms stated herein shall govern, unless otherwise stated in writing by the Seller. All orders are subject to acceptance by plasmo USA LLC in Plymouth, Michigan.
Payment of 100% in full is due thirty (30) days from the date of delivery or after completion of service.
Any unpaid balance is subject to a late payment charge of 1.5% per month. There shall be no extension of or change in the time of payment due to delays in installation and/or operation of equipment caused by damage, warranty service or warranty replacement of parts.
All Prices are D.D.U.:
All prices are D.D.U. Plymouth, Michigan. The supply of all components is done directly from Austria
Seller’s price does not include any privilege, occupation, personal property, valueadded, sales, excise, use or other taxes and duties, and Buyer shall be liable for all such taxes, whether or not invoiced by Seller.
Length of Quotation:
This offer and the prices quoted herein are valid for orders placed with a maximum period of sixty (60) days from the date of the quote.
All goods will be delivered approximately twelve (12) to fourteen (14) weeks after clarification of all technical and commercial details concerning the equipment to be built. The purchase order must be in writing. The shipment date is an estimate that is subject to filling prior orders and delays caused by circumstances beyond the Seller’s control. Buyer’s acceptance of delivery time from the shipper shall constitute a waiver of any claim for delay, and in no event shall the Seller be liable for any incidental or consequential damages arising in connection with delay or non-delivery for any reason.
Risk of Loss:
The risk of loss or damage to goods shall pass to the Buyer when placed with a common carrier for delivery to the Buyer. Insurance against loss or damage to the equipment during the shipment is the responsibility of the Buyer.
The designs and specification of all products sold are subject to change without notice and, in the event of any changes, Seller has no obligation to make similar changes in products previously ordered by the Buyer.
Buyer represents that Buyer is solvent. The Seller will establish a security interest in all goods to secure payment of the price and all other indebtedness now and in the future owing by Buyer to Seller. At the Seller’s request, shipment will not be made until Seller is in receipt of the required documentation to establish this interest.
Except as otherwise provided herein, any product or part thereof sold hereunder that has been properly installed and maintained by authorized persons, and has been operated within the limits of rated and normal usage, is warranted to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of six (6) months from the date of shipment. The terms of this warranty do not apply to any product or part thereof which has a life, under normal usage, that is inherently less than two years or which is not manufactured by the Seller. Descriptions, specifications, drawings and other particulars including any production estimates furnished to the Buyer are only the Seller’s estimate and do not create a warranty. Within the warranty period, the Seller will repair or replace, without charge to the Buyer, except for the cost of shipping, any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty.
DISCLAIMER OF OTHER WARRANTIES:
EXCEPT AS STATED IN ITEM 9, SELLER MAKES NO OTHER WARRANTIES TO THE GOODS, EXPRESSED OR IMPLIED, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND BUYER IS SOLELY RESPONSIBLE FOR DETERMINING THE PROPER APPLICATION AND USE OF THE GOODS.
Limitation of Liability:
Seller’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from the performance or breach of the terms hereof, or from the design manufacture, sale, delivery, resale, installation, technical direction of installation, inspection, repair, operation or use of any product or part thereof shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event shall the Seller have any liability for any incidental or consequential damages arising out of or in connection with a breach of the contract sale or any other duty of the Seller with respect to this product including, but not limited to, incidental or consequential damages for lost profits, lost sales or injury to persons or property.
Notice of Claims:
The Buyer shall inspect the product upon receipt and shall notify the Seller in writing of any claims, including claims for shortage or breach of warranty within thirty (30) days. Failure of the Buyer to give written notice of a claim within the time period above shall be deemed to be a waiver of such claim.
Limitations of Actions:
No action for breach of any term of this contract of sale or any other duty of the Seller with respect to this product may be commenced more than one (1) year after the cause of the action has been accrued.
Orders may not be cancelled except by written notice received by the Seller prior to shipment. Charges for cancellation will be based on non-recoverable expenses accruing to the order sustained by the Seller plus ten percent of the selling price.
The laws of the State of Michigan shall govern the validity, interpretation and performance of the contract of sale.