STANDARD TERMS & CONDITIONS OF SALE
GENERAL
The following terms and conditions cover products manufactured by Spanguard Corporation, Inc., herein referred to as SPANGUARD. No modifications or additions to the Terms and Conditions will be binding unless agreed to in writing by SPANGUARD.
PRICE LIST & QUOTATIONS
All prices quoted are for prompt acceptance and are subject to change without notice. Quotations are valid for a period of 30 days from the date shown on the face thereof, subject to confirmation after this period. All stenographic and clerical errors are subject to correction.
TAXES
Sales and use taxes payable by the buyer, which are now or may hereafter be imposed by any taxing authority, are not included in the sales price. The buyer shall pay the amount of any such taxes or shall reimburse SPANGUARD for the amount thereof that SPANGUARD may be required to pay. In lieu thereof, the purchase shall provide us with a tax exemption certificate acceptable to the taxing authorities.
CANCELLATION
Orders placed by the Purchaser and accepted by SPANGUARD are not subject to cancellation unless agreed to in writing by SPANGUARD. Cancellations are not final until acknowledged by SPANGUARD. Cancellations are subject to reasonable charges based on expenses already incurred and commitments by SPANGUARD.
PAYMENTS
Unless otherwise provided, terms of payment are 30 days net from the date of invoice for purchasers with approved credit. Payment shall become due when SPANGUARD is prepared to ship the product. Past due accounts shall accrue interest at a rate of 1.5% per month.
MINIMUM ORDER
All orders for less than $100.00 US must be purchased with a credit card. In addition, a 10% processing fee is to be added to the net value of the goods being purchased.
DELIVERY
All prices are F.O.B. Ex Works, Tioga, Pennsylvania, unless otherwise noted. Shipping dates are approximate only. The shipping date is quoted to be confirmed by our office at the time of placing the order.
SPANGUARD shall not be liable for damages resulting from Force Majeure delays in manufacturing or shipment caused by fires, strikes, government action, civil riot, Acts of Providence, accidents, consequential damages, or any other cause over which we have no reasonable control. Liquidated or consequential damages for late delivery are not acceptable to SPANGUARD unless specifically agreed in writing.
ACCEPTANCE & CHANGES
No order or other offer shall be binding upon SPANGUARD until accepted in writing by SPANGUARD. SPANGUARD will not accept changes in specification or design unless such changes are requested by the Purchaser and acknowledged by SPANGUARD in writing. The purchaser agrees to pay, if necessary, an amount set by SPANGUARD in addition to the original purchase price.
LIMITED WARRANTY
Spanguard Corporation Co., Inc. will repair or replace products and/or components of its manufacture which prove defective within a period of one (1) year from the date of shipment by SPANGUARD upon return of the same to SPANGUARD at the expense of the purchaser when such defects are due to defective materials supplied by SPANGUARD or defective workmanship of its employees, provided the products and/or components have been properly installed, maintained and utilized during the period covered by this warranty; provided, further, that this warranty shall extend only to the original purchaser; and provided, finally, that SPANGUARD shall in no event be responsible for the cost of field labor or other charges incurred by any party in removing and/or re-affixing any portion of the products to be returned by SPANGUARD as aforesaid for repair or replacement. At all times, SPANGUARD shall have and possess the sole right and option to determine whether to repair or replace defective equipment. Machinery, parts, accessories, and components manufactured by others are warranted only to the extent of the original manufacturer’s warranty.
EXCLUSION OF OTHER WARRANTIES & RESPONSIBILITIES OF SPANGUARD: Except for the foregoing express warranty, SPANGUARD makes no warranties, including any implied warranties of merchantability or fitness for any particular purpose, which extend beyond any descriptions of the products furnished by SPANGUARD. No warranties or representations at any time made by any distributor for or sales representative of SPANGUARD shall be effective as against SPANGUARD to vary or expand the foregoing express warranty or to otherwise obligate SPANGUARD to any purchaser. SPANGUARD shall in no event be liable to the user/purchaser under this limited Warranty, or otherwise, for claims, expenditures, or losses arising from operational delays or work stoppages or damages to property or people caused by defective products for consequential or indirect damages of any nature whatsoever. Changes from these conditions shall be cause for review and adjustment to the quoted pricing as necessary to recover the resulting increased cost.