Titan Ase Terms And Conditions - Titan THERMOMARK 300 Série Mode D'emploi

THERMOMARK
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TITAN ASE TERMS AND CONDITIONS

1
ACCEPTANCE
Titan ASE (Seller) accepts Buyer's verbal or written product order
upon Buyer's assent to the terms and conditions herein which
constitutes the only binding contract terms and conditions
between the parties in the absence of a written agreement.
Seller shall not be bound by any terms of Buyer's purchase
order which provide conditions additional to or different from
the terms hereof, not any representations made by Seller's
agents or distributors.
2
PRICES AND TERMS
All prices are subject to change by Seller at any time before
delivery in respect to all or any portion of the items on order to
the extent necessary to cover Seller's increased costs applicable
thereto.
3
SHIPMENT AND PLACE OF DELIVERY
Seller's product are sold F.O.B. shipping point and Dealer's
placement of such goods in the possession of a trucking
company, railroad company, or common carrier shall constitute
delivery to the Buyer and all risk of loss in transit shall be bore
by the buyer. Shipping dates are approximate and based on
prompt receipt of all necessary information.
4
FINANCIAL RESPONSIBILITY
Sales and delivery hereunder, shall at all times be subject to
the approval of Seller's credit department and at any time
Seller may require evidence payment or satisfactory security
or guarantee that invoices will be paid promptly when due.
If Buyer fails to comply with any terms of payment Seller in
addition to its other rights and remedies, but not in limitation
thereof reserves the right to withhold further deliveries and any
unpaid amount thereupon, shall become due immediately. If
Buyer shall fail or refuse to accept delivery of equipment and/or
material ordered hereunder or shall default in the performance
of any of the terms, covenants and conditions of this agreement,
Seller may retain the cash deposited or paid to it and apply the
same toward payment of its damages. If products ordered have
been delivered to Buyer or Seller at the time of default, Seller
may declare the full amount due and payable without notice;
or demand and may repossess said products. Repossession
and disposition of equipment and suit for any deficiency shall
be pursuant to applicable laws. The remedies provided herein
in favor or Seller shall not be deemed exclusive but shall be
cumulative and shall be in addition to all other remedies in
Seller's favor existing at law or in equity.
5
DELAYS
Seller shall not be liable for loss or damage due to delay in
delivery or manufacture of all or any portion of a purchase order,
resulting from any cause beyond Seller's reasonable control,
including, but not limited to, compliance with any regulations,
orders or instructions of any government's department or
agency thereof, acts of God, acts or omissions of the Buyer, acts
or civil or military authority, fires, strikes, factory shutdowns or
alterations, embargoes, war, riot, delays in transportation or
inability due to causes beyond the Seller's reasonable control
to obtain necessary labor, manufacturing facilities or materials
from the Seller's usual sources and any delays resulting from
any such cause, shall constitute cause for extending delivery
dates and receipt of the goods shall constitute a waiver of all
claims for damages. In no event shall Buyer or Seller be liable
for special or consequential damages.
6
SPECIAL ORDERS
Where conformance to a State or other agency's specification,
inspections, delivery or special provisions is a condition of
acceptance of Seller's shipment, the Buyer's written purchase
order must so indicate with reference to the agency, and
complete requirements concerned.
responsibility for communicating detail product specification
to Seller prior to manufacture and delivery of product.
7
CANCELLATION
Buyer may cancel its order, reduce quantities, revise
specifications or extend schedules only by mutual agreement
as to reasonable and proper cancellation charges which shall
take into account expenses already incurred and commitments
made by Seller and Buyer shall indemnity Seller against any los
resulting there from.
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CLAIMS
All shipments must be inspected prior to acceptance and claims
for loss or damage filed by the consignee with the carrier within
five (5) days of delivery. Any claims of shortage must be based
on complete inspection of the shipment and accompanying
papers and reported to Seller in writing within five (5) days of
receipt.
9
TAXES
The amount of taxes stated on the face hereof, if any, is
approximate only. Buyer is liable for the full amount of all such
taxes at any time required by Seller, as if originally added to
the price. If Seller pays such taxes Buyer shall reimburse Seller
therefore.
10
SAMPLING AND TESTING
Buyer shall make an examination and test of any material and/
or equipment delivered hereunder immediately upon receipt.
Failure of the Buyer to give notice in writing of any claim for
defects or breaches of warranty within twenty (20) days after
receipt of such product, shall be an unqualified acceptance of
said product and a waiver of all claims by buyer.
TERMS AND CONDITIONS
Buyer accepts full
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