TERMS AND CONDITIONS OF SALE
The following provisions form part of the transaction acknowledged and accepted on face hereof, as express agreements between LUCIFER FURNACES, INC. (Company) and the Buyer governing the terms and conditions of the sale, subject to modifications only in writing signed by an executive officer of the Company.
1. GUARANTEE: After shipment, LUCIFER FURNACES, INC. guarantees the following equipment built by the Company to be free from defective material and workmanship when properly operated and installed; a period of 1 Year for the furnace, 180 Days for heating elements, hearth plates and thermocouples. Honeywell temperature controls have a 2 Year guarantee. Merchandise not of its manufacture, supplied in piece or in component assemblies, is not covered by the above guarantee. The Company will give the Customer the benefit of such adjustments as it can make with the manufacturer. This warranty does not extend to any components not supplied by Lucifer Furnaces, Inc. Furthermore, the Company is relieved from all liability or damage caused by customer supplied components.
The warranty herein is in lieu of all other warranties and guarantees and may not be extended or enlarged, either verbally or in writing, unless over the written signature of an executive officer of the Company.
2. DELIVERY: Shipment dates named herein are estimates only, which the company will attempt to meet; but assumes no responsibility for damages direct or consequential be reason of delay in shipment or non delivery. All shipments, unless otherwise specified on the face hereof, shall be either F.O.B. Warrington, PA or Sanford, NC and the Buyer assumes responsibility for damage or loss in transit. In the absence of shipping instructions, the Company shall not be liable or responsible by reason of the mode, or route of shipment. The acceptance by common carriers shall constitute delivery. Partial deliveries shall be accepted by the Buyer and paid for at the contract price upon maturity of bills therefore. If any part of the merchandise is not delivered, or is not in accordance with specifications, the order for the remainder of the merchandise and the respective obligations of the Buyer and Company in connection therewith shall in no way be affected.
3. CLAIMS FOR SHORTAGES: All claims for shortages or missing items of merchandise must be made to the Company in writing within 30 Days after receipt of shipment. Company assumes no responsibility for such shortage or missing items unless claim is so made.
4. RETURNS AND CARRYING CHARGES: No merchandise shall be returned by the Buyer unless such return is authorized by the Company upon its written consent only. The retention of goods without written claim or objection received by the Company within 15 Days from the date of shipment, shall constitute an unconditional acceptance of the same by the Buyer; and thereafter no such merchandise shall be returned nor any claim or liability relating to such merchandise survive against the Company.
5. RESPONSIBILITY: The Company does not assume any responsibility or liability with respect to use, misuse, purpose, or suitability and shall not be liable for damages of any character, whether direct or consequential, for defect, delay, or otherwise. The Company's liability and obligation being confined to the replacement in the manner aforesaid or defectively manufactured guaranteed parts failing within the time stated.
6. SERVICE CHARGE: Should the purchaser of any equipment built by the LUCIFER FURNACES, INC. request an inspector, demonstrator or service man to come to his plant to either assemble, demonstrate or service the equipment, such service will be rendered at a nominal charge plus expenses.
7. CANCELLATIONS: It is understood that if a Purchaser for any reason desires to cancel an order he will agree to pay the LUCIFER FURNACES, INC. for whatever expense has been incurred.
8. CREDIT: The amount of credit extended to Buyer may, from time to time, be changed by the Company, or may be entirely revoked, and if amount of credit available is exhausted by deliveries under this or any other contract, or if it is entirely revoked, the Company may at its option, require the Buyer to make payment in full for all merchandise previously delivered without awaiting the due date thereof; and may invoice to Buyer and hold at Buyer's risk any additional merchandise due under this contract and require Buyer to pay cash therefore before shipments. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Society. The judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof.
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