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Seller
undertakes that the products sold hereunder to the buyer
shall be free from defects in materials and workmanship
and shall conform to industry standards. Upon receipt of
definite shipping instructions, buyer shall return all
defective materials or material not conforming to
standards to seller after inspection by buyer, or at
seller's election subject to inspection by seller. The
material returned must be returned in the same condition
as when received by the buyer. Defective material or
material not conforming to standards so returned shall
be replaced or repaired by the seller without an
additional charge or, in lieu of such replacement or
repair, seller may, at its option, refund the purchase
price applicable to such material. Seller agrees to pay
return transportation charges not exceeding those which
would apply from original destination on all defective
material or material not meeting standards. However,
seller shall not be obligated for such charges when
materials returned proves to be free from defect and
meet standards. Buyer shall furnish shipping
instructions promptly upon request from seller. Seller's
liability shall be limited solely to replacement or
repair, or at seller's option, to refunding the
purchased price applicable to defective material or
material not meeting standards. Seller shall in no event
be liable for any consequential damages or for loss,
damages or expense directly or indirectly arising from
the use of the material including without limitation,
warehousing, labor, handling and service charges not
expressly authorized by seller. This warranty is in lieu
of and excludes all other warranties (except for any
warranty furnished by any seller which runs directly in
favor of the buyer) guarantees or representations,
expressed or implied, by operation of labor or
otherwise, including any warranty of merchantability or
fitness for purpose.
CLAIMS-any course of dealing between the parties to the
contrary notwithstanding, at seller's election any claim
for breach of warranty, failure or delay in delivery or
otherwise, shall be deemed waived by the buyer unless
specified and presented in writing to the seller within
thirty (30) days after receipt of materials.
Inspection or investigation of claims by the seller,
even though occurring after the period above specified,
shall be deemed a waiver of the provision. Carriers are
responsible for goods lost or damaged in transit and
buyer must immediately notify the carrier in writing of
such loss or damage.
All
pipe and fittings are sold F.O.B., our shop, Tracy,
California.
TERMS:
2% 10th
Net 30 days after the end of the month in which your
material was received.
$100.00 minimum.
CLAIMS:
All pieces should be counted upon shipment/receipt. Any
shortages should be noted upon receipt and/or bill of
lading.
All
labor charges are based on Action Fire Fab & Supply,
Inc. furnishing material. Bushing will be held to a
minimum, however, when due to lack of correct size in
fitting, and necessary to use bushing, we will bush. |
