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Sale Terms and Conditions
1 SELLER agrees to furnish only the GOODS specifically described in SELLER's INVOICE.
2 The PRICES quoted by SELLER are in United States dollars and do not include mechanical erection, installation, installation supervision, service connections, hookup, startup, testing, or training, unless specifically noted as a line item in the INVOICE. These services are available at an additional per diem charge. Consult the factory for current rates.
3 The PRICES quoted by SELLER do not include "Special" packaging or crating charges. SELLER will package or palletize commodities free of charge to BUYER which do not require any sizes larger than industry standard 40" x 48" pallets. Commodities larger than industry pallet standards will be charged to BUYER at the following rates: $2.25 per square foot for special pallets or skids and non-covered items: $3.00 per cubic foot for special plywood enclosed crates.
4 Unless otherwise noted herein, all PRICES shall be F.O.B. SELLER's factory at Eagan, Minnesota, or if direct shipped, F.O.B. point of origin. Title to and risk of loss to the GOODS passes to BUYER F.O.B. SELLER's factory at Eagan, MN, or if direct shipped, F.O.B. point of origin.
5 All sales, use, excise, transportation, privilege, occupational, consumption, storage, or other taxes which may be levied by any taxing authority shall be paid by BUYER.
6 Payment terms shall be net 30 days from the date of SELLER's invoice on approved credit. Prior to credit approval all items are pre-paid or COD. A service charge of 1-1/2% per month (18% per year), or any lesser rate which is the highest maximum amount permitted by applicable law, will be added on all past due accounts. BUYER shall be liable to SELLER for all reasonable attorney fees and other costs incurred to collect past due amounts from BUYER. BUYER will be obligated to fully pay SELLER nothwithstanding any failure by BUYER to obtain payment or financing from another expected source.
7 If BUYER releases the GOODS for production but SELLER is prevented by BUYER from shipping the GOODS upon completion or by the estimated date for shipping, whichever is later, SELLER may at its option, and in addition to all other remedies: (a) Within 30 days of an invoice, require BUYER to pay for the PRICE of the GOODS less a reasonable retainage for any of SELLER's remaining obligations to BUYER; and (b) Charge BUYER for all costs of storing the GOODS. If SELLER is responsible to install the GOODS, SELLER shall have the same rights to invoice for the PRICE and charge for storage costs if BUYER prevents SELLER from installing the GOODS upon delivery or by the agreed date to begin installation, whichever is later.
8 If BUYER cancels its order for the GOODS, BUYER shall be liable to pay SELLER for all direct and indirect costs of production, shipment, and installation (if SELLER has installation responsibility) incurred before written notice of the cancellation was received by SELLER, plus a 15% surcharge. BUYER shall also be liable to pay SELLER's lost profits on the cancelled portion of the INVOICE.
9 SELLER makes a LIMITED AND EXCLUSIVE WARRANTY for a period of twelve (12) months from the date of shipment or for a period of 2,080 hours accumulated use of the GOODS, whichever occurs first, that the GOODS shall be free of defects in materials and workmanship. SELLER's Limited Warranty does not apply to parts which through normal use require replacement and is void if the GOODS are modified or altered without written permission from SELLER. Warranty requires that products be properly installed, used for the purpose for which they were sold and operated under normal service conditions. Warranty does not apply to products that hve been subjected to overloading, improper maintenance, accidnet, carelessness, negligenc, misuse, improper adjustmants. SELLER MAKES NO OTHER EXPRESS WARRANTY, AND NO AFFIRMATION BY SELLER OR ANY OF ITS REPRESENTATIVES, BY WORD, ACTION, OR OTHERWISE, SHALL CONSTITUTE A WARRANTY. SELLER MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PURPOSE.
10 BUYER's LIMITED AND EXCLUSIVE REMEDY for any breach of SELLER's Limited Warranty or any other actionable failure of SELLER to perform shall be the repair or replacement of any parts proven to be defective, F.O.B. SELLER's point of origin. At SELLER's sole option and discretion, SELLER may forego the repair or replacement of defective parts and instead refund a reasonably corresponding amount of the PRICE paid by BUYER for the GOODS. In no event shall SELLER's total liability to BUYER exceed the total PRICE for the GOODS paid by BUYER. In no event shall SELLER be liable to BUYER for incidental or consequential damages, delay damages, lost profits, exemplary damages or attorney's or expert witness fees.
11 SELLER shall have no liability or other obligation to BUYER if SELLER's performance is delayed or prevented to any extent by an event beyond SELLER's reasonable control such as, but not limited to, any Act of God, strike or work stoppage, fire, flood, accident, allocation or other controls of government authorities, or shortage of transportation, fuel, material, or labor.
12 SELLER's drawings, machine specifications, and production methods constitute SELLER's confidential information, and their receipt or possession by BUYER do not convey any right to use, license, reproduce, or disclose any of the information without SELLER's written consent.
13 At SELLER's request, BUYER will provide SELLER with samples of material to be handled by the GOODS. Samples will be provided at the BUYER's expense, freight prepaid, in quantities sufficient for SELLER to design and test to the GOODS. All samples shall become the property of SELLER.
14 All returns to SELLER shall be at SELLER's discretion and shipped prepaid to SELLER with an RGA authorization number clearly marked on the outside of the package. Unauthorized returns will be refused and returned to BUYER at BUYER's cost.
15 The resolution of all claims or disputes between SELLER and BUYER shall be venued in Minneapolis, Minnesota, and BUYER consents to be subject to the personal and subject matter jurisdiction of the Minnesota courts. Minnesota law shall apply to the agreement between SELLER and BUYER, and to all claims and disputes between SELLER and BUYER.
16 BUYER shall not assign any of its rights against SELLER without SELLER's written consent.
17 There are no additional understandings, agreements, or obligations between SELLER and BUYER, unless specifically set forth in writing, and accepted by signature of an authorized representative of SELLER in Eagan, Minnesota.
 
 
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