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The items described in this document are hereby offered for sale at prices established by GEA of Texas, Inc., its subsidiaries, and the manufacturers which it is authorized to represent. This offer and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and Conditions. Buyer’s order for any item described in this document, when communicated to GEA of Texas, Inc. (“Seller”) verbally or in writing, shall constitute acceptance of this offer.
QUOTATIONS: Written quotations automatically expire thirty (30) calendar days from date issued, unless otherwise specified by Seller. Verbal quotations, unless accepted on day of quotation, expire the day on which they are made. All quotations are subject to these Standard Conditions. All clerical and/or computational errors are subject to correction. All quotations to be binding, must list the actual quantities involved.
TERMS: Unless otherwise specified, terms to customers of satisfactory credit are net 30 days from date of invoice. To avoid delay in filling orders, purchasers without previous experience with Seller should include credit information or references with their first order or remit cash. Each shipment shall be a separate transaction and payment shall be made accordingly. If in the exclusive judgment of Seller, the financial condition of Buyer at any time does not justify the commencement or continuation of shipment on the terms specified herein, in addition to other remedies it may have at law or in equity, make a written demand for full or partial payment in advance, suspend its performance until such payment is made, and cancel Buyers order if such payment is not received by Seller within thirty (30) days after delivery in person or mailing of said demand by Seller. If shipments are delayed by Buyer, payments shall become due from date Seller is prepared to make shipment. Products held for Buyer because of such delay in delivery shall be at the risk and expense of Buyer. Seller will charge a 3 % processing fee for invoices subsequently paid by credit card after point of sale date.
CHANGES, RESCHEDULES AND CANCELLATIONS: Orders are subject to a minimum 20% cancellation fee. Moving out the requested ship date in excess of 60 days will be considered a cancellation. All requests for credit returns must be made within 45 days from the original ship date. Product must be unused and in the original packaging. A minimum restocking charge of 20% will apply. Custom product is non-returnable and non-cancelable (100% cancellation/restocking fee). Quote is valid for 30 days.
DELIVERY, TITLE AND RISK OF LOSS — Delivery dates are approximate, not guaranteed and are based upon prompt receipt of all necessary information from Buyer. Unless otherwise specified by Seller, delivery will be made and title will pass F.O.B. point of shipment to Buyer, except that a security interest in the goods shall remain with Seller until full payment in cash has been made therefore and Seller may at Seller’s option repossess the same upon Buyers default in payment and charge Buyer with any deficiency. Buyer waives its right to any judicial hearing prior to or subsequent to any such repossession.
BUYER’S PROPERTY: Any designs, tools, patterns, materials, drawings, confidential information or equipment furnished by Buyer or any other items which become Buyer’s property, may be considered obsolete and may be destroyed by Seller after two (2) consecutive years have elapsed without Buyer placing an order for the items which are manufactured using such property. Seller shall not be responsible for any loss or damage to such property while it is in Seller’s possession or control.
DELIVERIES EXCUSE OF PERFORMANCE — Seller shall be excused from performance and shall not be liable for delay in delivery or non-delivery, in all or in part, caused by the occurrence of any contingency beyond the control of Seller or its suppliers, including, but not limited to, war or military action, insurrection, riot, or civil disobedience, failure or delay in transportation, act of any government or governmental agency affecting the terms of the contract or otherwise; judicial action, labor dispute, accident, fire, explosion, flood, storm or other act of God or shortage of fuel or energy, raw materials, or labor; if any contingency occurs, Seller may allocate deliveries among its customers.
LIMITED WARRANTY — Seller warrants that it will repair or replace (whichever it deems advisable) any product manufactured and sold by it which proves to be defective in material or workmanship within a period of one (1) year from the date of the original purchase for consumer, commercial or industrial use This warranty extends only to the initial purchaser and is not transferable or assignable without prior consent by Seller. Warranty service can be obtained in the U.S.A. by returning any defective Product, transportation charges prepaid to Seller. Additional warranty information may be obtained by writing the Customer Service Department, GEA of Texas, Inc., 9434 Katy Fwy Ste 110 Houston, TX 77055 or by calling 1 (888) 371-0055. An invoice or other proof of original purchase will be required before warranty service is rendered. If found defective under the terms of warranty, repair or replacement will be made without charge, together with a refund for transportation costs. If found not to be defective, under the terms of the warranty you will be notified and, with your consent, the item will be repaired or replaced and returned to you at your expense. This warranty covers normal use and does not cover damage which occurs in shipment or damage or defect which results from alteration, neglect, accident, or improper installation, operation or maintenance.
CLAIMS — All shipments leaving Seller are packaged according to good standard packaging practice. Seller cannot be responsible for material damaged in transit. Responsibility for damaged shipment lies with the common carrier. When equipment is received in a damaged condition but with the shipping container intact, the customer should make a "Concealed Damage Report" to the carrier within three working days of delivery. All claims will be made by the customer to the common carrier. Whenever possible, Seller will render the Buyer all possible assistance to secure satisfactory adjustment of damage claims. ALL CLAIMS FOR SHORTAGES OR SHIPPING ERRORS MUST BE MADE WITHIN FIVE (5) BUSINESS DAYS OF RECEIPT OF THE GOODS BY CALLING GEA OF TEXAS, INC AT (713) 781-3005 OR 1 (888) 371-0055.
MODIFICATIONS — The foregoing supersedes all previous communications, representations or agreements either oral or written, with respect to the subject matter hereof and no representations or statements of any kind made by any representative, or employee or modifications of any of the foregoing provision, and no representation, promise or guarantee in connection with Seller products shall be binding upon Seller unless made in writing and signed by a corporate officer of Seller at Houston, Texas.
GOVERNING LAW — The rights and obligations of Seller and Buyer shall be governed by the laws of the State of Texas, notwithstanding any choice-of-laws rules that would otherwise dictate application of the laws of any other jurisdiction.