1. ACCEPTANCE: The terms and conditions of this acceptance shall prevail notwithstanding any conflict with the terms and conditions of any order. THE ATLAS BOLT & SCREW COMPANY, LLC, SELLER, shall supply the within described articles on the exact terms and conditions herein set forth and no terms and conditions which are in any manner whatsoever additional to or different from those herein set forth shall become a part of any contract between SELLER and BUYER.
2. WARRANTY: Subject to such exceptions as may be set forth herein, SELLER warrants each new product manufactured and sold by it or one of its authorized dealers only against defects in workmanship, materials and/or to conform to applicable quotation specifications, drawings or blue prints, (for a period of one year following date of shipment to the customer). Products which have been changed or altered in any manner from their original design, which are improperly or defectively installed, serviced or which have been used for a purpose for which they are not designed are not covered by this warranty.
SELLER’s obligation on this warranty is LIMITED TO REPLACING OR GIVING CREDIT FOR, AT ITS OPTION, GOODS WHICH UPON EXAMINATION AND DETERMINATION BY SELLER SHALL BE FOUND TO BE OTHERWISE THAN AS WARRANTED. All products or parts to be considered for repair or replacement are to be returned to SELLER after receiving authorization from SELLER. THIS WARRANTY REPLACES ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE BUYER ASSUMES ALL RISK AND LIABILITY WHATSOEVER, INCLUDING ALL RISK AND LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE MANUFACTURER’S NEGLIGENCE, RESULTING FROM THE USE OF SAID PRODUCTS, OR PARTS, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES, WHETHER SUCH PRODUCTS OR PARTS ARE USED SINGULARLY OR AS COMPONENTS IN OTHER PRODUCTS.
The provisions of this warranty and limitation of liability shall not be modified in any respect except by written document signed by SELLER. No agent, employee or other party has any authority to obligate SELLER by any terms, stipulations or conditions not herein expressed. All previous representations and agreements, whether verbal or written, referring to the products covered by the within warranty and limitation of liability are hereby superseded and cancelled.
3. TAXES: The amount of all taxes and other governmental charges domestic and international, by whomever levied, which may be imposed on the goods sold in connection with this order, or by reason of receipt, sales or delivery thereof, shall be added without notice to the prices stated herein.
4. BUYER’S ACTIONS: If, for any reason whatsoever, BUYER shall cancel or suspend the contract resulting from this order or deliveries thereunder for more than 60 days, BUYER shall pay SELLER (i) for goods, the production of which has been completed at the time of such interruption, at prices specified herein, (ii) for goods, the production of which has been started but not completed at the time of such interruption, at cost to SELLER, including administrative and overhead costs, plus anticipated profits on such goods, all as determined by SELLER and (iii) the cost to SELLER, as determined by SELLER, of raw materials purchased specifically therefor but not used in (i) or (ii) above.
5. PATENTS: SELLER warrants that any goods sold pursuant to the contract resulting from this order except as are made specifically for BUYER’S specifications, do not infringe any valid U.S. patent. This warranty is given upon condition that BUYER promptly notify SELLER of any claim or suit involving BUYER in which such infringement is alleged, and if SELLER is affected, that BUYER permit SELLER to control completely the defense or compromise of any such allegation of infringement. SELLER does not warrant that the use of any goods sold pursuant to the contract resulting from this order, or articles made therefrom, either alone or in conjunction with other materials, will not infringe a patent.
6. ASSIGNMENT: The contract resulting from this order is not assignable or transferable by BUYER, in whole or in part, except with the written consent of SELLER.
7. TOOLING: Notwithstanding tooling charges, if any, to BUYER, with respect to tools and fixtures required for the work covered by the contract resulting from this order, such tools and fixtures shall be and remain the sold property of SELLER. SELLER may dispose of any such tools and fixtures in any manner it sees fit without accounting to BUYER therefor or the proceeds thereof.
8. DELIVERIES: All shipping dates for goods sold hereunder are approximate. SELLER will use its best efforts to ship orders for goods in accordance with the delivery schedules indicated herein; but SELLER shall not be liable for damages, whether general, consequential or otherwise for failure to ship due to causes beyond SELLER’s reasonable control or for delays in shipping or for failure to give notice of any such failure or delay. Any delivery not made due to causes beyond SELLER’s reasonable control including, but not limited to, embargoes, civil commotion, labor trouble, strikes, fire, flood, accident, failure in production or production equipment, inability to obtain power, fuel, raw materials, or shipping capacity or interruptions occasioned by government activities, may be cancelled at SELLER’s option, but the contract shall otherwise remain unaffected.
RETURNED GOODS POLICY
AFTER WRITTEN AUTHORIZATION IS RECEIVED FROM ATLAS, MATERIAL RETURNED FOR CREDIT OR EXCHANGE WILL BE ACCEPTED, PROVIDED THE FOLLOWIG CONDITIONS ARE MET:
- MATERIAL MUST BE IN RESALABLE CONDITION.
- MATERIAL RETURNED FOR CREDIT OR EXCHANGE WILL BE VALUED LESS 20% FOR RESTOCKING FEE.
- MATERIAL MUST BE RETURNED TO ATLAS PREPAID.
- FREIGHT ON REPLACEMENT MATERIALS IS SUBJECT TO THE POLICY IN EFFECT AT THE TIME OF SHIPMENT.
- ANY SPECIAL ORDER ITEM MAY BE RETURNED ONLY IF THERE IS AN ‘EXISTING MARKET.’ IF NO RESALE MARKET EXISTS, MATERIAL MAY NOT BE RETURNED.