Cordyne_standard_ms_catalog_06122013-opt. - Cordyne, Inc.

TERMS & CONDITIONS OF SALE
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Express Written: OTHER THAN THE EXPRESS WRITTEN STATEMENTS OF QUALITY AND TITLE MADE IN PARAGRAPH 10 ABOVE, ALL EXPRESS WARRANTIES
THAT MIGHT ARISE FROM REPRESENTATIVES BY CORDYNE, INC. WITH RESPECT TO THE SALE OF GOODS OR FROM ENGINEERING DRAWINGS, SAMPLES,
MODELS, OR ACTIONS OF CORDYNE, INC. ARE EXPRESSLY DISCLAIMED AND NEGATE.
Implied Warranties: ALL IMPLIED WARRANTIES EXISTING UNDER THE LAW WITH RESPECT TO THE SALE OF GOODS HEREUNDER ARE HEREBY EXPRESSLY
DISCLAIMED AND NEGATED PARTICULARY, CORDYNE, INC. HEREBY NEGATES AND DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE
IMPLIED WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE.
Liability: IN ADDITION, ALL OTHER LIABILITY THAT MAY ARISE WITH RESPECT TO THE SALE OF GOODS EITHER IN CONTRACT OR TORT, INCLUDING WITHOUT
LIMITATION, STRICT LIABILITY AND LIABILITY BASED UPON THE NEGLIGENCE OR CORDYNE, INC. ARE EXPRESSLY DISCLAIMED AND DEGATED.
Buyer’s Remedy for Failure of Goods to Comply with Warranty: After acceptance of the Goods, Buyer’s sole remedy & CORDYNE, INC.’s sole liability for any failure of
the Goods to conform with Limited Express Warranty of quality or for any breach by CORDYNE, INC. for any obligation pertaining to the quality of the Goods (even if such nonconformity
results from the negligence of CORDYNE, INC.), shall be limited to the following, provided the Goods or equipment have been installed and operated under proper
conditions connected to its rated load & written notice is given to CORDYNE, INC. by Buyer immediately when the Goods or equipment are found to be non-conforming so
that an CORDYNE, INC. representative may be present to inspect the equipment or Goods when they are dismantled: (a) Repair or replacement of the Goods at CORDYNE,
INC.’s plant (whichever CORDYNE, INC. shall elect & F.O.B. CORDYNE, INC.’s plant) whereby the Goods comply with the Limited Express Warranty of Quality. Any goods or
parts thereof that are repaired or replaced by CORDYNE, INC. pursuant to this paragraph shall be warranted as their date of delivery in accordance with the terms and conditions
of this Agreement.
Remedies: THE REMEDIES PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF BUYER FOR CORDYNE, INC.’s BREACH OF WARRANTIES
OR FOR ANY BREACH OF ANY CONTRACTUAL OR LEGAL DUTY OR OBLIGATION ARISING OUT OF THE SALE OF THE GOODS BY CORDYNE, INC. TO BUYER.
CORDYNE, INC. SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE OR LIABLE TO BUYER OR TO ANY USER OR TO ANY THIRD PARTY FOR ANY
ECONOMIC LOSS, PHYSICAL HARM, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFITS
AND/OR LOSS OF BUSINESS OPPORTUNITIES) ARISING FROM ANY DEFECT IN THE GOODS OR SERVICES OR ANY FAILURE OF THE GOODS OR SERVICES TO
CONFORM WITH THE WARRANTIES MADE HEREIN OR ANY FAILURE OF CORDYNE, INC. TO MEET ANY OBLIGATION OR DUTY EXISTING AND APPLICABLE UN-
DER THE LAW WITH RESPECT TO THE SALE OF THE GOODS TO BUYER, WHETHER SUCH DEFECT IN GOODS OR FAILURE OF THE GOODS TO CONFORM WITH
THE WARRANTY OR FAILURE OF CORDYNE, INC. TO MEET ITS OBLIGATIONS OR DUTIES RESULT IN DAMAGE OR HARM ONLY TO THE GOODS OR TO OTHER
PROPERTY.
Officers: No employee or representative of CORDYNE, INC., other than its officers, is authorized to change the warranties or the remedies in any way or to grant any other
warranty or any other remedies.
Indemnification: Except to the extent such obligation is inconsistent with CORDYNE, INC.’s obligation to Buyer under the terms of the Limited Express Warranties stated
above, Buyer agrees to DEFEND, INDEMNIFY AND HOLD CORDYNE, INC. HARMLESS from and against any and all claims, liabilities, loss, cost (including without limitation,
the cost of litigation and attorney’s fees) and expense made against or incurred by CORDYNE, INC. on account of death or bodily injury to persons or injury to property or
loss, damage or expense, which relates to or results from, or is in any way attributable to the use or operation of the Goods or any device, material or thing which the Goods
are made a part or to which the Goods are attached or within which the Goods are enclosed (while in Buyer’s possession or subsequent to any transfer of possession to any
other entity) or which related to or results from, or is in any way attributable to, the services provided by CORDYNE, INC. to Buyer hereunder. Buyer’s obligation to defend and
indemnify and hold CORDYNE, INC. harmless shall apply and be fully enforceable, IRRESPECTIVE OF WHETHER SUCH DEATH OR BODILY INJURY TO PERSONS OR
INJURY TO PROPERTY OR LOSS, DAMAGE OR EXPENSES IS CAUSED BY OR RESULTS FROM THE SOLE OR CONCURRENT NEGLIGENCE OR OTHER FAULT OF
CORDYNE, INC. OR ANY AGENT OR EMPLOYEE OF CORDYNE, INC. OR ANY INDEPENDENT CONTRACTOR WHO IS DIRECTLY RESPONSIBLE TO CORDYNE, INC.
Claims: Buyer agrees that CORDYNE, INC. shall have the sole and exclusive right to any claims for drawback filed with the U.S. Customs Office with regard to Buyer’s order.
To that end, Buyer agrees to assist CORDYNE, INC. in any way in collecting on any such claim.
Invalidity/Validity: All terms contained herein are separable and the invalidity of any part hereof shall not affect the validity of any other part.
Performance: The rights and remedies herein reserved to CORDYNE, INC. shall be cumulative and in addition to other rights and remedies provided by law. The failure of
CORDYNE, INC. to insist upon strict performance hereof in any one instance shall not constitute a release of its right to require such performance in the future with respect to
such incidence or with respect to any later breach of Agreement by Buyer.
Buyer’s Rights: Buyer’s rights and obligations under the Agreement may not be assigned or transferred without the express written consent of CORDYNE, INC.
Waiver of Consumer Rights (DTPA Waiver): BUYER HAS KNOWLEDGE AND EXPERIENCE IN FINANCIAL AND BUSINESS MATTERS THAT ENABLE BUYER TO
EVALUATE THE MERIT AND RISKS OF THE TRANSACTION CONTEMPLATED HEREBY. BUYER IS NOT IN A DESPARATE BARGAINING POSITION VIS-À-VIS COR-
DYNE, INC., AND BUYER HEREBY WAIVES TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS, BENEFITS AND REMEDIES UNDER THE TEXAS
DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT SET FORTH IN SAID CHAPTER E OF CHAPTER 17 OF THE TEXAS BUSINESS AND COMMERCE
CODE A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, WITH RESPECT TO ANY MATTERS PERTAINING TO THIS CONTRACT AND THE
TRANSACTIONS CONTEMPLATED HEREBY, AFTER CONSULTATION WITH AN ATTORNEY AT BUYER’S OWN SELECTION, BUYER VOLUNTARILY CONSENTS TO
THIS WAIVER.
Rental Equipment: All above terms and conditions apply to rental equipment with the additional terms: (a) Buyer shall carry adequate insurance against all hazards on the
equipment; (b) Buyer shall maintain equipment properly and furnish all fuel and expendable items; and (c) Buyer shall return the equipment in good operating condition at the
end of the rental contract.
SPECIFICATIONS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE
CORDYNE, INC., 9820 DRYSDALE LN, HOUSTON, TEXAS 77041, 1-800-324-1484 OR 713-460-5151 FAX 713-460-5186 WWW.CORDYNE.COM | WWW.STORE.CORDYNE.COM
COPYRIGHT © 2013 CORDYNE, INC. All Rights Reserved.
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