Terms and Conditions
CONTRACT: ANY ACCEPTANCE BY KUSEL EQUIPMENT CO. (here after referred to as “Company”) OF THE PURCHASER’S ORDER IS EXPRESSLY MADE CONDITIONAL ON THE PURCHASER’S ASSENT TO ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED HEREIN. No statement or writing other than the acceptance of a 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.
PURCHASE ORDERS. (a) The prices shown within 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 FOB ORIGIN for domestic shipments, and EXW (Ex Works) for international. (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 any other forms of taxes or tariffs; and any such taxes or tariffs which the Company may now or hereafter be required to pay or collect shall be billable to the Purchaser as a separate item unless the Purchaser has provided the Company with a Tax or Tariff Exemption Certificate acceptable to the taxing authorities.
INSTALLATION/TRAINING. The Company’s prices for all products do not include an allowance for installation, training and/or final on-site adjustment. Any such services performed by the Company shall be billable to the Purchaser as a separate item at the Company’s prevailing rates for the local area concerned or subject to the provisions of Article Purchase Orders (b) above for the amount, if any expressly indicated in the contract. In addition, any water supply, venting, electrical and drainage requirements for the operation of the product and/or additional product to meet the above requirements and/or various codes are the responsibility of the Purchaser.
ILLUSTRATIONS AND DESCRIPTIONS. 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 Purchaser’s and/or installers responsibility to consult local codes and project specifications for proper installation instructions and procedures.
PAYMENT. All Payment Terms are listed on the Company’s Quotation as well as every Order Acknowledgement and Invoice.
SECURITY INTEREST. The Company shall retain a security interest in the product furnished by it under the contract until the full purchase price has been paid. No product furnished by the Company shall become a fixture by reason of being attached to real estate. Purchaser’s failure to pay any amounts when due shall give the Company the right to possession and removal of the product.
LIMITED WARRANTY. The Company warrants to the original purchaser that the products manufactured by us, and all parts thereof, are free from defects in material and workmanship under normal use and service. Our obligation shall be limited to repair, replacement, or refund the original purchase price at our option, FOB our factory, of any part of said product, which proves to our satisfaction to be defective in material or workmanship within one year of original purchase. Additionally, KE Series Floor Drain Body (baskets, connectors, covers, and handles are specifically excluded) are offered an extension of a limited lifetime warranty. Component parts not manufactured by us are warranted only to the extent of the original manufacturer’s warranty to us. We accept no responsibility for damages or consequential liabilities. This warranty is in lieu of all other warranties expressed or implied, and we neither assume, nor authorize any other person to assume for us, any other obligation or liability in connection with such products.
PRODUCT RETURNS. The Company may receive returned standard product in the event that the following terms are met. Purchaser must speak with a member of the Company’s Sales Team and have a written authorization to return the specific product requested for return. Any products agreed to be received for return by the Company will be subject to a 25% restocking charge plus the cost of any reconditioning required for resale. The Purchaser is responsible for all costs associated with shipping the returned product to the Company. Credit for all returned products will be in the form of merchandise credit only – no cash credit will be provided. NO CUSTOM OR MADE TO ORDER PRODUCTS WILL BE APPROVED FOR RETURN.
SHIPPING. Lead Time and Shipping Dates indicated on the Quotation and Order Acknowledgement documents are approximate and are based on prompt receipt of all necessary information and paperwork regarding the product covered in the Quotation. 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 Purchaser, the Company will store and handle all items ordered at the Purchaser’s risk and will invoice the Purchaser for the unpaid portion of the contract price, on or after the date on which the product 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 product shall be billable as a separate item. Unless otherwise provided in the contract, the Company will select the method of transportation and routing for product sold FOB ORIGIN (domestic U.S) and EXW (international) and shipment may be made freight collect. All products are shipped at the risk of the Purchaser from and after delivery to the carrier the Purchaser assumes ALL responsibility for shortage, loss, delay or damage in transit.
INSPECTION AND ACCEPTANCE. The products 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 Company within such time period.
CHANGES. Purchaser may, with the express written consent of the Company, make changes in the specifications for product 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 for work and materials rendered unnecessary as a result of such changes and for work and materials required to effect said changes.
CANCELLATION. Product or work which remains to be furnished under the contract may be canceled by the Purchaser 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 in connection with the product 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 product, Purchaser agrees to pay all attorney fees or 25% of amount involved if handled by the Company.
INDEMNIFICATION. The Purchaser 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 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 product.
INTEREST CHARGES. Purchaser 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 or other means that incur cost to the company may be charged an additional handling fee. Any returned checks will carry an additional handling charge.
COPYRIGHT. Purchaser assumes liability for patent and copyright infringement when goods are made to Purchaser’s specifications.