Product Catalog US-TANK-Parts-Direct-66 - Flipbook - Page 112
TERMS & CONDITIONS
The following Additional Terms of Sale apply except to the extent they are contradicted elsewhere in this Agreement.
IMPORTANT WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS ARE INCLUDED.
1. DEFINITIONS: The term “Seller” means Tank Parts Direct, Inc.; “Goods” means the parts, machinery, equipment and other tangible
and intangible property along with associated rental, lease, labor, installation and commissioning provided by Seller; the term “Services” means labor and associated parts provided by Seller to maintain, repair or recondition the property of Buyer; “Products” means
Goods and/or Services; and “Buyer” means the person to whom such Products are sold. Each of Buyer and Seller is a “Party.”
2. PRICE: All prices are in U.S. Dollars. Labor rates are subject to change without notice and apply from the time of dispatch of service personnel until the earlier of their return or dispatch to another job. Unless expressly indicated herein, no amount is included
in any price for sales, use, privilege, excise or other taxes imposed on or measured by the gross receipts from the sale of Products.
Buyer shall promptly pay any such charge directly to the governmental authority assessing them or reimburse on demand any such
charges paid by Seller.
3. PAYMENTS: All payments shall be in U.S. Dollars, without offset, back-charge, retention or withholding of any kind. Any amounts
not paid when due will be subject to interest at the rate of 1½% per month, compounded, or the highest non-usurious rate permitted
by applicable law, whichever is less. ANY PAYMENT INTENDED AS AN ACCORD AND SATISFACTION MUST BE DIRECTED TO “CREDIT MANAGER, Tank Parts Direct, Inc., 16810 Barker Springs Rd. Suite 210 HOUSTON, TX 77084.”
4. DELIVERY AND TITLE: Goods are sold Ex-works Seller’s facility (Incoterms® 2010), packed for domestic truck transportation, and
are delivered at the time Buyer is notified by Seller that the Goods are at Buyer’s disposal. Seller may assess reasonable storage
charges based on the volume of the Goods, or store the Goods at a third-party site at Buyer’s sole risk and expense, if Goods are
not removed when delivered or if payments are not made when due. Services are delivered at the time they are performed. Title to
Goods transfers to Buyer on delivery, but Seller retains a security interest in the Goods until it receives full payment for the Goods.
5. ACCESS, PERMITS AND UTILITIES: In the event Services are to be performed at a site provided by Buyer, Buyer shall provide
Seller’s employees free and unobstructed access to the site. Buyer shall ensure safe working conditions, safe storage for Seller’s
property, and provide all necessary lifting equipment and utilities necessary to perform the Services. Buyer shall obtain all licenses,
registrations, and permits necessary for Seller to perform the Services.
6. ACCEPTANCE: All Products shall be finally inspected and accepted within thirty days after delivery. Failure of Buyer to provide
Seller with an itemized list of defects within such thirty days or to permit Seller a reasonable opportunity to correct any listed defects
shall be deemed acceptance of the Products. In the event of multiple shipments or extended Services, each individual shipment
shall be separately accepted and Services shall be periodically inspected and accepted. Buyer waives any right to reject Products
that substantially conform to their specifications and any right to revoke acceptance after such thirty day period.
7. FORCE MAJEURE: Seller shall have no liability for any failure to deliver the Goods to, or perform Services for, Buyer if such failure
arises from causes beyond the reasonable control of Seller, including without limitation, government actions, epidemic, pandemic,
public health crisis, shortages of materials, labor difficulties, fires, floods, acts of God, acts of civil or military authority and the effects
of civil disobedience.
8. DELAYS: Delivery dates are estimates and may be adjusted to reflect circumstances beyond the control of Seller including without
limitation delayed performance of suppliers or carriers.9. CHANGES: Seller reserves the right to change the details of any Goods
provided that such change shall not impair the performance or critical dimensions of such Goods.
9. CHANGES: Seller reserves the right to change the details of any Goods provided that such change shall not impair the performance or critical dimensions of such Goods.
10. ADDITIONAL COSTS: In addition to the purchase price, Buyer shall reimburse Seller for any costs Seller incurs as a result of (a)
changes in the Products or delays in delivery requested by Buyer; (b) delays in delivery arising from Buyer’s failure to provide information, drawings or materials; or (c) changes in the laws, codes, rules or regulations applicable to the Products after the date of this
Agreement.
11. LIMITED WARRANTY: Products may be or incorporate components manufactured by someone other than Seller. To the extent
such components are warranted by their original manufacturers, and to the extent that such warranties are assignable to Buyer,
Seller assigns to Buyer any rights and remedies it has relating to such components, and such warranties are the only warranties provided forthose components. Seller further agrees to perform any obligations of the original manufacturer under the manufacturer’s
warranty to the extent that such manufacturer authorizes Seller to perform such warranty obligations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, WORKMANLIKE PERFORMANCE OR
FITNESS FOR A PARTICULAR PURPOSE. This Limited Warranty is extended only to Buyer. Buyer may assign this Limited Warranty
only to the original end user of the Products. No other assignment of thisLimited Warranty is permitted without the express
written consent of Seller and any attempted assignment without the consent of Seller is void. Applicable statutes may expand
this Limited Warranty.
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Phone: 713-300-5161 | tankpartsdirect.com | sales@tankpartsdirect.com
