Catalog 50A_All_Low Res - TeeJet

Terms and Conditions of SaleA small percentage of the items shownin this catalog may not be producedunder an ISO registered system. Forfurther information contact your salesrepresentative.(3) MINIMUM BILLINGContact your TeeJet regional officerepresentative for minimum orderrequirements.(4) WARRANTIESSeller warrants that its products will conformto and perform in accordance with theproducts’ specifications.Seller warrants that the products do notinfringe upon any copyright, patent, ortrademark.THE FOREGOING WARRANTIES ARE IN LIEUOF ALL OTHER WARRANTIES, EXPRESS ORIMPLIED, INCLUDING, BUT NOT LIMITED TO,THOSE CON CERN ING MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE.(5) LIMITATION ON LIABILITIESBecause of the difficulty of ascertainingand measuring damages hereunder, it isagreed that, except for claims for bodilyinjury, Seller’s liability to the Buyer or anythird party, for any losses or damages,whether direct or otherwise, arising out ofthe purchase of product from Seller by Buyershall not exceed the total amount billedand billable to the Buyer for the producthereunder. IN NO EVENT WILL SELLER BELIABLE FOR ANY LOSS OF PROFITS OR OTHERSPECIAL OR CONSEQUEN TIAL DAMAGES,EVEN IF SELLER HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.(1) MODIFICATION OF TERMSSeller’s acceptance of any order is expresslysubject to Buyer’s assent to each and all ofthe terms and conditions set forth below, andBuyer’s assent to these terms and conditionsshall be conclusively presumed from Buyer’sreceipt of this document without promptwritten objection thereto or from Buyer’sacceptance of all or any part of the goodsordered. No addition to or modification of saidterms and conditions shall be binding upon (6) QUALITY ASSURANCESeller unless specifically agreed to by Sellerin writing. If Buyer’s purchase order or othercorrespondence contains terms or conditionscontrary to or in addition to the terms andconditions set forth below, acceptance of anyorder by Seller shall not be construed as assentto such contrary or additional terms andconditions or constitute a waiver by Sellerof any of the terms and conditions.(2) PRICEUnless otherwise specified: (a) all prices,quotations, shipments and deliveries by Sellerare f.o.b. Seller’s plant; (b) all base prices,together with related extras and deductions,are subject to Seller’s price in effect at thetime of shipment; and (c) all transportationand other charges are for the account ofBuyer, including all increase or decrease insuch charges prior to shipment. Paymentof said price shall be due at the remittanceaddress shown on the Seller’s invoice 30 days (7) CLAIMSafter the date of Seller’s invoice. Interest willbe charged at a rate of 11/2% per month onall balances outstanding more than 30 daysafter the date of the invoice.Seller shall have no obligation to ensure thatany goods purchased from Seller meet anyspecial Buyer quality assurance specificationsand/or other special Buyer requirementsunless such specifications and/or otherrequirements are specifically set forthin Buyer’s purchase order and expresslyaccepted by Seller. In the event that anysuch goods supplied by Seller in connectiontherewith are applied to an end use withoutthe appropriate specification and/or otherrequirement therefore having been set forthin Buyer’s purchase order and expresslyaccepted by Seller, Buyer shall indemnifyand hold Seller harmless against any andall damages or claims for damages made byany person for any injury, fatal or nonfatal,to any person or for any damage to theproperty of any person incident to or arisingout of such application.Claims respecting the condition of goods,compliance with specifications or anyother matter affecting goods shipped toBuyer must be made promptly and, unlessotherwise agreed to in writing by Seller, inno event later than one (1) year after receiptof the goods by Buyer. In no event shall anygoods be returned, reworked or scrappedby Buyer without the express writtenauthorization of Seller.(8) DEFAULT IN PAYMENTIf Buyer fails to make payments on anycontract between Buyer and Seller inaccordance with Seller’s terms, Seller, inaddition to any other remedies availableto it, may at its option, (a) defer furthershipments until such payments are madeand satisfactory credit arrangements arereestablished or (b) cancel the unshippedbalance of any order.(9) TECHNICAL ASSISTANCEUnless otherwise expressly stated by Seller:(a) any technical advice provided by Sellerwith respect to the use of goods furnishedto Buyer shall be without charge, (b) Sellerassumes no obligation or liability for anysuch advice, or for any results occurring asa result of the application of such advice;and (c) Buyer shall have sole responsibilityfor selection and specification of the goodsappropriate for the end use of such goods.(10) CANCELLATION OFSPECIAL ORDERSSpecial Orders or goods specially manufactured for Buyer cannot be canceled ormodified by Buyer, and releases cannot beheld up by Buyer, after such goods are inprocess except with the express writtenconsent of Seller and subject to conditionsthen to be agreed upon which shall include,without limitation, protection of Selleragainst all loss.(11) PATENTSThe Seller shall not be liable for any costs ordamages incurred by the Buyer as a resultof any suit or proceeding brought againstBuyer so far as based on claims (a) that useof any product, or any part thereof, furnishedhere under, in combination with products notsupplied by the Seller or (b) that a manufacturingor other process utilizing any product,or any part thereof furnished hereunder,constitute either direct or contributoryinfringement of any patent of the United States.The Buyer shall hold the Seller harmlessagainst any expense or loss resulting frominfringement of patents or trademarksarising from compliance with Buyer’sdesigns or specifications or instructions.(12) COMPLETE AGREEMENTThe terms and conditions set forth herein,together with any other documentsincorporated herein by reference constitutethe sole and entire agreement betweenBuyer and Seller with respect to any ordersuperseding completely any oral or writtencommunications. No additions to orvariations from such terms and conditionswhether contained in Buyer’s purchaseorder, any shipping release or elsewhereshall be binding upon Seller unless expresslyagreed to in writing by Seller.(13) GOVERNING LAWAll orders are accepted by Seller at itsmailing address in Wheaton, Illinois, andshall be governed by and interpreted inaccordance with the laws of the Stateof Illinois.192TECHNICAL INFORMATION