1. Prices do not include field wiring, piping, foundation works, and materials.
2. Itemized prices are good only if ordered to be shipped in the context of quotation.
3. Any surcharge, tax or assessment imposed by the United States as a result of the herein stated machinery being imported to the United States will be borne by the Buyer. These are over and above the normal United States customs tariffs imposed.
4. Sales Tax: The above selling price does not include any local, state, and/or federal sales or use tax, which is the responsibility of the Buyer unless separately stated on the invoice if applicable.
5a. New Equipment: New Equipment is covered under respective manufacturer’s warranty.
5b. Used Equipment Limited Warranty: Axiom America, LLC’s Limited Warranty covers parts and labor as described below, travel expenses are not included. All warranty issues must be approved by Axiom America, LLC. 3 Months from Date of Install: Warranty
coverage on motors, circuit boards, bearings, and belts, excluding damage caused by neglect, lack of machine care, maintenance
and or improper use. Travel: Axiom America, LLC’s Limited Warranty will not cover travel expenses which includes actual travel expense and $45 per hour travel charge, these are borne by the customer. Axiom America, LLC reserves the right to adjust the schedule of repairs as needed. Limited Warranty Terms: The seller warrants and agrees that it will replace or repair F.O.B. its plant or at buyer’s location, at the sole option of seller, the items set forth above which, under normal and proper use, prove defective
in materials or workmanship, provided the Buyer gives immediate written notice of such alleged defect, and if requested, returns
the defective part to Seller’s and/or manufacturer’s plant for inspection, freight prepaid. Any modifications made by the Buyer to the herein specified machine and/or part(s) shall void this warranty unless approved in writing by the seller prior to modification. The Seller warrants only that the goods conform to the specifications set forth and if no specifications are stated that the goods are sold AS IS. Where specifications are set forth, minimum standards shall apply in each instance. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER EXPRESSLY ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE.
5c. Software: The Software License Agreement is stated under separate agreement.
6. Claim Period: Claims relating to non-conforming goods shall be made within seven (7) days after receipt thereof. All other claims shall be made within fourteen (14) days after receipt of the goods to which the claim relates, or if for non-delivery, after the scheduled delivery date thereof. Buyer’s failure to give Seller written notice within the applicable time period shall constitute an absolute and unconditional waiver of such claim.
7. Return of Goods: In the event payment terms are not met by the Buyer, Buyer will return the goods to the Seller at Buyer’s expense immediately upon receiving written demand from the SELLER. If goods are returned to SELLER for any reason, BUYER will bear all related expenses.
8. Limitation of Remedies: THE SELLER’s LIABILITY, WHETHER IN CONTRACT OR IN TORT, ARISING OUT OF WARRANTIES, REPRESENTATIONS,
INSTRUCTIONS, DEFECTS OR FROM ANY CAUSES HALL BE LIMITED EXCLUSIVELY TO REFUND OF THE ORIGINAL PURCHASE PRICE OF THE GOODS, AND IN NO EVENT WILL THE SELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REPLACEMENT COSTS, SUBSTITUTE GOODS, OR ANY OTHER SPECIAL,
INDIRECT OR COMMERCIAL LOSS; it being specifically agreed that no consequential or incidental damages are within the contemplation of the parties for breach of any part of this Agreement. It is further specifically agreed that SELLER has no knowledge nor reason to know of any general or particular requirements or needs of Buyer which could give rise to consequential or incidental damages.
9. Governing Law Clause: This quotation shall be governed by and construed in accordance with the laws of the State of North Carolina. In the event that any provision hereof shall be declared invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity and enforceability of any other provision hereof.
10. Title: Title shall remain with SELLER until all payments are received.
11. Force Majeure: In the event that the seller is unable to carry out its obligations under this Agreement, wholly or in part, due to circumstances beyond its control, including without limitation, strikes; lockouts; fires; explosions; floods; acts of God; war or other hostilities; civil commotion; breakdown of machinery; governmental acts, order or regulations; inability or difficulty in obtaining shipping facilities or supplies; and accidents in transportation or shipping; then upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liabilities on its part from the performance of its obligations under this Agreement, but only to the extent and only for the period that its performance of said obligations is prevented by circumstances of force majeure.
12. Payment Terms: 1.5% (one and one half percent) interest per month will be charged and due immediately on all past due invoice balances.
13. Set Off: Buyer may not set off any amounts owing to Seller for any reason.
14. Termination: Buyer may not terminate this order for any reason. All Deposits are nonrefundable unless agreed to in writing. If seller agrees to accept cancellation of agreement, a 25% restocking fee will be levied.
15. Typographical Errors: Seller reserves the right to correct typographical errors, if any, which may appear in this document until the date of Seller’s signed acceptance.
16. There are no other agreements, understandings, or representations, whether written or oral, other than those stated or referred to herein. The terms and conditions stated herein replace and supersede any terms and conditions of Buyer, whether on Buyer’s purchase order or otherwise, and any prior or concurrent agreement, understanding, or representation.
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