TERMS AND CONDITIONS OF SALE

 

QUOTATION PROPOSALS SUBMITTED BY UNITED AUTOMATION, INC. ARE SUBJECT TO THE FOLLOWING CONDITIONS:

 

1. 1. PRICES

Prices are firm for a period of thirty (30) days only, unless otherwise stated in writing. Prices are quoted in the U.S. Dollars. Equipment will be skidded. Special crating or handling by machinery movers, if required, to be quoted separately. Price does not include set-up or erection costs at Buyer’s plant. Typographical and clerical errors are subject to correction.

 

2. DELIVERIES

Delivery dates are approximate and based on Seller’s workload at the time of quotation. Seller reserves the right to revise any or all parts of this proposal before acceptance of an order. Delivery dates given at the time of acceptance of order are based on sellers workload, receipt of Buyer’s written purchase order, down-payment, and all detailed specifications including product prints and sample parts necessary for proper execution of order. Seller shall have no liability for loss or damage resulting from delays in shipping or non- performance caused by war, riots, strikes, labor disputes, fires, embargoes, serious accidents, delays in receipt of materials from suppliers or subcontractors, act of God, or any other circumstances beyond Seller’s control. The Buyer will assume complete charges and risk of transportation. All methods of shipping are to be specified by Buyer. Seller shall in no event be held liable for damages or contingent expenses caused by delays in delivery. Title will remain with Seller until paid in full.

 

3. ACCEPTANCE

Buyer will send proper technicians to the Seller’s plant for a specific period of time for training and acceptance runs. Buyer shall inspect, accept performance, and approve machine for shipment on our floor (unless otherwise stated in writing).

 

4. DELAYS IN DELIVERY

If Seller’s progress on this project is at any time delayed by four weeks or more, due to delays created by Buyer including, but not limited to, changes in design and dimensions of Buyer’s product or Buyer’s inability to provide ample supply of good product, Buyer agrees to pay Seller a total of 90% of the purchase price of the work completed to date of delay. Should the project be put on hold for 90 days, Buyer agrees to pay Seller a percentage of the purchase price equal to the percentage of the work completed on the project. Seller reserves the right to re-quote the remaining work at the prevailing rates.

 

5. CHANGES IN PRODUCT DESIGN

Changes in design/dimensions of Buyer’s product (or sample submissions), upon which quotations have been rendered, will not be accepted without Seller’s approval. Any losses or increased costs resulting from product design modifications will be made at Buyer’s expense.

 

6. GUARDING

Standard guarding is designed for maximum operator safety, covering all pinch points and moving parts. If Buyer requests additional guarding or requests major deviations from Seller’s interpretation of OSHA guidelines, Seller will perform this work on a time/material basis. Seller’s guarding standards for maximum safety are to be followed at all times, to ensure optimal operator safety.

 

7. TAXES

Sales, use, or other taxes that may be levied by local, state, federal or foreign governments are not included in quoted prices and will be the responsibility of Buyer.

 

8. WARRANTIES

Seller warranties equipment covered by this proposal—to the original Buyer only—to be free from defects in material/workmanship (under normal use/service and when properly maintained by Buyer). Seller’s obligation under this warranty is to repair (at Seller’s factory) or replace any equipment component(s) demonstrated, to our satisfaction, to have been defective at the time of installation. This warranty applies to the first twelve (12) months (from the time of equipment acceptance by Buyer) or 2,000 hours of running use, whichever period is shorter.

Defective parts shall be returned to Seller F.O.B. Seller’s factory, and repaired or replacement parts shall be shipped by Seller F.O.B. Seller’s factory. The removal by Buyer of parts returned to Seller for repair or replacement and the installation by Buyer of replacement or repaired parts shall be at Buyer’s expense. No work will be done by Seller at the site of installation unless, in Seller’s opinion, it is impractical for Buyer to remove the defective parts and return them to Seller’s factory. Repairs, replacements or adjustments to equipment for which Seller is responsible will be made as promptly as possible within a standard (8) hours working day. Overtime, if required, will be paid by Buyer.

This warranty does not cover commercial components purchased by Seller; components supplied by Buyer, cutting tools, dies or other tooling subject to wear. The Seller will, however, pass along respective manufacturer’s warranties to Buyer and replace components accordingly, if and when requested.

Seller will make no allowance for work done by Buyer unless previously authorized by Seller in writing. Buyer shall operate the equipment to Seller’s instructions, following all specified operating and maintenance procedures, with all safety devices operating and guards in place.

Equipment modifications, addition or removal or components, or improper operation by Buyer’s personnel shall be at Buyer’s own risk. Neither Buyer nor its employees shall hold Seller liable for resulting equipment malfunction and/or injuries to Buyer’s personnel. All guarding and safety systems will have to be approved by Buyer before shipment of machine. Thereafter, Seller shall not assume any responsibilities or liabilities arising from improper use of the system by Buyer’s employees. Buyer shall notify Seller within 48 hours of any incidents or malfunctions involving Seller’s equipment which result in personal injury or damage to property, and shall cooperate fully with Seller in determining the cause of subject accident or malfunction. If Buyer fails to comply with any or all of the obligations set forth in this paragraph, Buyer agrees to indemnify and hold Seller harmless for any liability or obligation incurred by Buyer for personal injury directly or indirectly in connection with the operation of this equipment.

 

9. CANCELLATION

Orders cancelled by Buyer at any time prior to delivery are subject to accrued normal changes for engineering, labor, material, and overhead to date of cancellation, plus a 15% handling charge.

No warranties or representations made by anyone, including distributors and sales representatives, deviating from Seller’s quotation, price, terms, and conditions shall be effective unless authorized by Seller in writing.

 

United Automation, Inc.