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IM&C KO2A.0 14
<br />Conditions of Sale
<br />Page 1/2
<br />A. Acceptance C. Any equipment which has been operated or maintained in a manner
<br />This quotation is void at our option unless a purchase order is placed which in any way deviates from the maintenance schedules,
<br />with us within sixty (60) days from date of bid opening or date of specifications, and parameters set forth in Landia Inc 's Operator's
<br />written proposal. The order will be subject to written acceptance by Manual for such equipment.
<br />our company's executive office In the absence of this, the Buyer's No allowances will be trade for any such alterations or corrective work done
<br />written order will be valid. Our quotation is limited to only those without the specific written consent of Landia Inc. Conditions caused by
<br />technical portions of the Engineer's Mechanical Specifications improper lubrication. deterioration by chemical action, and wear caused by the
<br />specifically referred to herein, and to the terms and conditions of sale presence of abrasive materials, do not constitute defects. Equipment
<br />as outlined in our quotation. We will not be bound by any Terms and manufactured by others, and included in Landia Inc.'s proposal, is not warranted
<br />Conditions of the prime Contract not specifically included herein. in any way by Landia Inc but carries only that manufacturer's warranty, if any.
<br />B. Terms
<br />Net due thirty (30) days after the date of invoice unless otherwise
<br />stated in the proposal. These terms are subject to approval by our
<br />Credit Department Your payment to us will not be dependent or
<br />contingent upon receipt of payment by you or any other parties. Any
<br />balance remaining due thirty-one (31) days beyond the due date will be
<br />subject to a monthly service fee until paid. Should we have to engage
<br />an attorney to collect the balance due us, including the service fee, you
<br />agree to reimburse us for all collection costs including reasonable
<br />attorney fees. The Buyer is responsible for all bank charges and fees in
<br />connection with payment Payment by cheque is not approved until the
<br />cheque has been cashed by the Buyer's bank
<br />C Taxes & Other Charces
<br />Unless otherwise indicated, no Sales, Use, Retailer's Occupation,
<br />Service Occupation, Service Use, or similar taxes and similar charges,
<br />have been included in our prices. The amount of any such taxes or
<br />charges which are paid or assessed in connection with this order and
<br />which are not specifically stated as being included in the purchase
<br />price, shall be paid by you, either directly to the appropriate authorities
<br />(in which event you shall famish us with satisfactory evidence of such
<br />payments) or to us if we have paid, or are required to pay, such taxes
<br />or charges. If you are tax exempt on this job, you will need to supply
<br />us with your exemption certificate. You agree to reimburse our
<br />company for taxes we must pay on your behalf. You are responsible
<br />for obtaining permits in connection with the sale or installation of our
<br />equipment.
<br />D. Warranty
<br />Landia Inc. warrants to Buyer that equipment sold hereunder, of its
<br />manufacture, is free from defect in material and workmanship, and is
<br />of the kind and quality designated or described herein. This warranty
<br />shall nut to Buyer and, if applicable, such entity specifically identified
<br />in the Primary Contract only, but not to their employees,
<br />representatives, agents, customers, assignees, etc., and applies to those
<br />technical portions of the Engineer's Specifications only to the extent
<br />that they are referred to herein. This warranty shall be in frill force and
<br />effect at the time of shipment of such equipment for a period of one (1)
<br />year from the date of invoice. Landia Inc. undertakes and reserves the
<br />right to free of charge to redress at their works or to exchange defect
<br />products. The parts replaced transfer automatically to the
<br />manufacturer's property and must be renamed to them as agreed.
<br />Expenses or costs incurred with the return and re -assembly or
<br />corresponding arrangements and indirect loss and damage will not be
<br />compensated. The obligation of Landia Inc. to replace or redress such
<br />defective parts shall be the exclusive remedy hereunder. Buyer must
<br />give Landia Inc. notice in writing of any other alleged defect covered
<br />by this warranty within thirty (30) days of the discovery of such defect
<br />during the warranty period. No claim more than thirty (30) days after
<br />the warranty period shall be valid. The warranty extends to replaced
<br />parts of Landia Inc.'s manufacture for ninety (90) days or the
<br />remainder of the original warranty period applicable to the parts being
<br />replaced.
<br />This warranty shall not apply to:
<br />A. Any equipment which has been subjected to misuse.
<br />neglect, or accident:
<br />B. Any equipment which has been altered, tampered with, or
<br />upon which corrective work has been done thereon
<br />without Landia Inc.'s specific written consent;
<br />Landia Inc.
<br />NC, 27513 Cary
<br />Executed by: BD/EJ
<br />No representative of Landia Inc. has any authority to waive, alter, vary, or add to
<br />the items hereof without prior written approval.
<br />THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL
<br />OTHER GUARANTEES AND WARRANTIES OF QUALITY, WRITTEN,
<br />ORAL OR IMPLIED; ALL OTHER WARRANTIES, INCLUDING ANY
<br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE ARE
<br />HEREBY EXPRESSLY DISCLAIMED,
<br />E. Security Interest
<br />Until all amounts due hereunder have been paid in full, Seller has a security
<br />interest in the equipment and has all tights of a secured parry under the Uniform
<br />Commercial Code including, without limitation, the right to take possession of the
<br />equipment without legal process and the right to require Buyer to assemble the
<br />equipment and make it available to Seller at a place reasonably convenient to
<br />both parties At Seller's request. Buyer shall execute any financing statement or
<br />statements submitted by Seller in order that Seller's security interest in the
<br />equipment may be perfected.
<br />F. Chances & Delays -Cost
<br />If you cause changes to be made, or delay or interrupt the progress of the work,
<br />you will reimburse us for any additional expense resulting from such cause. Any
<br />of such changes or delays which may adversely affect the operation of the
<br />equipment will nullify our warranty unless we consent in writing thereto.
<br />G. Delays
<br />We shall not be liable for delay in delivery caused by any reason beyond our
<br />control, including but not limited to your delay in promptly submitting all
<br />information necessary for us to proceed with the work, your delay in approval of
<br />drawings, acts of God, casualty, civil disturbance, labor disputes, strikes,
<br />transportation. supply difficulties, any interruption of our facilities, or any of the
<br />governmental authorities. In the event of such conditions, Landia Inc. is entitled
<br />to cancel the order or to extend the time for delivery specified herein during the
<br />continuance of such conditions and for a reasonable time thereafter.
<br />H. Claims
<br />Claims for errors or shortages existing prior to our delivery of the equipment to
<br />the carrier will be considered only when made to us immediately after receipt of
<br />shipment. Claims shall be confined in writing. Buyer shall immediately inspect
<br />the equipment upon receipt thereof. Seller is not obligated to consider any claim
<br />for shortages or non-conformance unless notified thereof by Buyer within eight
<br />(8) days after Buyer's receipt of equipment. Modifications to the equipment
<br />furnished by Landia Inc. to meet OSHA or local safety codes will be by others.
<br />Seller will supply only the safety devices, if any, described in the order.
<br />LANDIA INC. assumes no responsibility for any costs, direct or indirect
<br />resulting from disapproval of our tender by the owner.
<br />Transportation Expense
<br />Unless otherwise noted, the prices shown in this proposal include freight to the
<br />destination shown, at lowest available freight rates on a common carrier of our
<br />choice. If you require us to ship another way, you will bear any additional
<br />expense. Landia Inc. will provide and maintain in responsible insurance
<br />companies, at its own expense, insurance against loss and damage to the
<br />equipment by fire or other casualty during transportation of the equipment from
<br />Landia Inc.'s works and to the final destination of the equipment. In order for our
<br />compant to insure delivery, it is agreed by you and our company that you will
<br />provide us with an access road to and from the job site, which road is capable of
<br />supporting trucks. The responsibility for the protection of equipment will be
<br />yours after it is delivered to the job site. Damage to the equipment after delivery
<br />which is caused by vandalism, the elements or otherwise, will be your
<br />responsibility and not that of our company.
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