1. GENERAL
(a) This Gaffney Bolt Company, Inc Sales Order hereafter will be referred to as the “Sales order”. The materials, supplies, articles, assemblies, structures, parts, components and other items covered by this Sales Order will hereafter be referred to as the “Goods”. Gaffney Bolt Company, Inc will hereafter be referred to as the “Vendor”. The party purchasing the Goods from the Vendor will hereafter be referred to as the “Purchaser”.
(b) This sales Order constitutes the entire agreement between the Vendor and the Purchaser pertaining to the subject matter of the Sales Order. There is no representation, promise, or obligation of the Vendor except as expressly set forth in this document. This Sales Order will constitute a notification of the Vendor’s objection to any and all terms or conditions of purchase included in any document of the Purchaser (including but not limited to any proposal, order or confirmation) to the extent that such terms or conditions are additional to, different from, or inconsistent with the terms and conditions set forth in this Sales Order. This Sales Order may not be modified except in writing singed by one of the Vendor’s duly authorized officers or employees.
2. INSPECTION
The Purchaser must supervise the material checkoff of the Goods at their unloading from the carrier and must note on the reverse side of the Packing List any error, shortage, damage, or loss regarding the Goods. All claims for errors or shortages must be made to the Vendor in writing within ten (10) days after delivery of the Goods and must be accompanied by the Packing List. No return will be accepted without the prior written authorization of the Vendor. If the Vendor determines that there was an error or shortage regarding the Goods, the Vendor will correct the order as soon as practical. Although the Purchaser’s sole recourse is against the carrier for damage or loss to the Goods, the Purchaser promptly will inform the Vendor of any such damage or loss.
3. LIMITED WARRANTY
(a) The vendor warrants that the Goods are merchantable. The Vendor does not warrant that the Goods are fit for any particular purpose. If, within ninety (90) days from the date of invoice, any of the Goods fail because of a design or manufacturing defect, or if any of the Goods are found not to meet contract specifications within that period, the Vendor will exchange such Goods for new or, at the Vendor’s opinion, reworked units without charge. The liability of the Vendor is limited to exchange and in no case will exceed the invoice value of the Goods. To obtain an exchange, The Purchaser should return the subject Good to the Vendor at the address appearing on this Sales Order, together with proof of original purchase date and an explanation of the alleged defect or contract specification failure. No returns will be accepted without the prior written authorization of the Vendor. The returned Goods will be examined by the Vendor to verify their condition. If the returned Goods are found to be defective or fail to meet contract specifications and show no sign of modification or misuse, they will be exchanged.
(b) This limited warranty is for Goods purchased within the fifty sates of the U.S.A. and Washington, DC. It does not cover the costs of returning Goods to the Vendor. It does not cover any costs of the Purchaser to diagnose the alleged defect or deficiency. This limited warranty gives the Purchaser specific legal rights. The Purchaser may also have other rights under applicable laws, which may vary from state to state.
(c) UNDER NO CIRCUMSTANCES WILL THE VENDOR BE LIABLE TO THE PURCHASER OR TO ANY OTHER PERSON FOR SPECIAL INCIDENTAL OR CONSQUENTIAL DAMAGES IN CONNECTION WITH THE GOODS OR IN CONNECTION WITH THE PARTIES OBLIGATIONS UNDER THE SALES ORDER (INCLUDING BUT NOT LIMITED TO THE VENDOR’S WARRANTY OBLIGATIONS UNDER THIS SECTION 3). The Purchaser assumes all risks of damage to property and of injuries to persons, including death, relating thereto.
4. FORCE MAJEURE
The Vendor will not be liable for any delay, inability to provide for delivery, or other failure to perform, or for any loss or damage, when such delay, failure to perform, loss, or damage results from any cause beyond the Vendor’s reasonable control, including but not limited to fire, flood or other act of God, strike or other labor difficulty or disagreement, accidents at the Vendor’s facilities, acts or requirements of any government or civil authority, riot, war, embargo or transportation delay or difficulty. If any such event makes the Vendor unable to provide for delivery of all or part of the Goods, the Vendor will have the right to change the Scheduled Shipping Date upon giving reasonable notice to the Purchaser or, at the Vendor’s option, to cancel all or the remaining part of this Sales Order. In the event of such rescheduling or cancellation, the Vendor will not be liable to the Purchaser for any costs or expenses arising from the delay.
5. NOTICES
Any notice given by either party to the other in connection with this Sales Order will be delivered to the other in writing, at the address appearing on this Sales Order, personally or by prepaid mail.