Terms & Conditions
- CONTRACT: ANY ACCEPTANCE BY KUSEL EQUIPMENT CO. (here after referred to as “The Company”) OF THE BUYER’S ORDER IS EXPRESSLY MADE CONDITIONAL ON THE BUYER’S ASSENT TO ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED HEREIN. No statement or writing other than the acceptance of this quotation purporting to modify or add to the terms and conditions hereof shall be binding unless consented to in writing by a duly authorized agent of the Company in a document making specific reference to this agreement.
- (a) The prices shown in published price lists and other published literature issued by the Company are not offers to sell and are subject to change without notice. (b) Prices stated in the contract are firm except where delivery and/or performance by the Company is specified to occur after or is excusably delayed beyond the six (6) month period immediately following the date of contract. In such case contract prices shall be adjusted to reflect those Company prices or rates in effect at time of such delivery or performance. (c) All prices are f.o.b. place of origin. (d) All prices are in U.S. Dollars only. (e) Typographical and stenographic errors are subject to corrections.
- TAXES. The Company’s prices do not include any applicable sales, use, excise or similar taxes; and any such taxes which the Company may now or hereafter be required to pay or collect shall be billable to the Buyer as a separate item unless the Buyer has furnished the Company with a tax exemption certificate acceptable to the taxing authorities.
- INSTALLATION/TRAINING. The Company’s prices for equipment do not include an allowance for installation, training and/or final on-site adjustment. Any such service performed by the Company shall be billable to the Buyer as a separate item at the Company’s then prevailing rates for the local area concerned or subject to the provisions of Article 2(b) above for the amount, if any expressly indicated in the contract. Any typical installation drawings and/or descriptions for various products are only intended to illustrate the various products and any options. Under no circumstances are these materials to be construed as recommended installation procedures. It is the purchasers and/or installers responsibility to consult local codes and project specifications for proper installation instructions and procedures. It is the purchaser’s responsibility to provide for the necessary and proper electrical power for the operation of any equipment supplied. In addition, any water supply, venting and drainage requirements for the operation of the equipment and/or additional equipment to meet the above requirements and/or various codes are the responsibility of the Buyer.
- PAYMENT. Payment terms are shown on the attached proposal.
- SECURITY INTEREST. The Company shall retain a security interest in the equipment furnished by it under the contract until the full purchase price has been paid. No equipment furnished by the Company shall become a fixture by reason of being attached to real estate. Buyer’s failure to pay any amounts when due shall give the Company the right to possession and removal of the equipment.
- Delivery dates indicated in the contract documents are approximate and are based on prompt receipt of all necessary information regarding the equipment covered by the contract. The Company will use its best efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so due to fire, war, civil commotion, strikes, failure of transportation, any act of God, or other cause beyond its control. In the event of any delay in delivery caused by the buyer, the Company will store and handle all items ordered at the buyer’s risk and will invoice the buyer for the unpaid portion of the contract price, on or after the date on which the equipment is ready for delivery. A monthly storage and extra handling charge of 2% per month or any fraction thereof of the contract price covering the stored equipment shall be billable as a separate item.
Unless otherwise provided in the contract, the Company will select the method of transportation and routing for equipment sold f.o.b. place of origin and shipment may be made freight collect. Goods are shipped at the risk of the buyer from and after delivery to the carrier the buyer assumes ALL responsibility for shortage, loss, delay or damage in transit.
- INSPECTION AND ACCEPTANCE. The goods covered hereby shall be deemed finally inspected and accepted within ten (10) days after receipt thereof unless notice of a claim is given in writing to the Seller within such time period.
- CHANGES. Buyer may with the express written consent of the Company make changes in the specifications for equipment or work covered by the contract. In such event the contract price and delivery dates shall be equitably adjusted. The Company shall be entitled to payment for reasonable costs and expenses incurred by it for work and materials rendered unnecessary as a result of such changes and for work and materials required to effect said changes, plus the Company’s usual profit thereon.
- CANCELLATION. Equipment or work which remains to be furnished under the contract may be canceled by the buyer only with the express written consent of the Company. In the event of such cancellation, the Company shall be entitled to payment for the cost and expenses incurred by it in connection with the equipment or work so canceled, plus an amount determined by applying the Company’s usual rate of profit for similar items to such costs and expenses, or 25% of the balance of the contract price, whichever is greater.
- CONTRAVENING LAW. Should any term or provision contained in the contract contravene or be invalid under applicable law, the contract shall not fail by reason thereof, but shall be construed in the same manner as if such term or provision had not appeared therein. For the purpose of determining the law applicable to this agreement, the agreement shall be deemed to have been executed and performed in the State of Wisconsin.
- DEFAULT. Upon default and placing of an invoice with an attorney for collection or repossession of equipment, buyer agrees to pay all attorney fees or 25% of amount involved if handled by the Company.
- The buyer agrees to indemnify The Company from liability for any claim for personal injury, death, property damage, economic loss, or other damage arising out of, or in any manner relating to, the use, operation, maintenance or cleaning of the equipment or product that is the subject of this sale. This agreement to indemnify is limited to liability arising out of alleged inadequacy, insufficiency or error in instruction, training or warnings and with respect to alleged negligence or defect in design to the extent to which the purchaser participates in the design of the equipment or product.
- INTEREST CHARGES. Buyer will be liable for interest to be charged at the rate of 1-1/2%per month on the unpaid balance for any payment not made within 30 days of the date of the invoice. Balances paid by credit card may be charged an additional handling fee. Any returned checks will carry an additional handling charge.
- Buyer assumes liability for patent and copyright infringement when goods are made to buyer’s specifications.
KUSEL EQUIPMENT CO.