Equipment & Testing — In the Right Mix for You
Acceptance of Offer: This offer automatically expires thirty (30) days from the date hereof, and is subject to withdrawal or revision with notice if Purchaser’s order in acceptable form is not received prior to receipt of such notice. Seller expressly limits acceptance of this offer to the terms set forth herein, and no additional or different terms proposed by Purchaser shall become part of the contract. All orders accepting this offer are subject to approval by Seller’s home office in Plymouth, Michigan.
Packing/Loading: Prices include ordinary packing and loading only. Should shipments require skidding, crating, export boxing, special packing, or outside riggers for loading, the Purchaser will be charged extra for this service unless specifically covered by Link’s quotation.
Delivery: Unless otherwise specified, delivery shall be made EXW Plymouth or Detroit, Michigan and title and risk of loss shall pass to Purchaser at that point. Goods shipped are not insured unless so ordered.
Customer Supplied Product: Product supplied by the customer for use at the Seller’s Plant will be disposed of after the final shipment to the customer, unless documentation denoting its disposition is sent with the product.
Terms of Payment: Regular terms for sales in the United States require payment on the basis of net cash thirty (30) days from date of invoice. Terms for sales outside the United States require a 30% down payment, and the remainder by Irrevocable Letter of Credit, unless specifically covered elsewhere in Link’s quotation. All orders shall be subject to approval of Purchaser’s credit. If shipments are delayed at Purchaser’s request, or delayed as the result of an embargo or other restrictions affecting normal transportation, payment shall become due and payable within thirty (30) days after equipment is ready for shipment, and the Purchaser has been so notified.
Installation: Purchaser shall install equipment covered by this quotation at his own expense unless Purchaser contracts with Link at Link’s prevailing rates to assist in the installation. Machines of Link’s own design and manufacture will be furnished with an Instruction Manual covering Installation, Operating and Maintenance.
Taxes: The prices quoted do not include any Federal, State or Local taxes. Should any tax be applicable to any feature of this transaction, either now or in the future, Purchaser agrees to reimburse Link in full for such taxes.
Errors: Link reserves the right to correct all typographical or clerical errors in the prices or specifications of this quotation.
Cancellation: Approved orders shall not be subject to cancellation unless Purchaser agrees to reimburse Link in full for all charges resulting from such cancellation.
Changes: Changes in the specifications upon which this offer is based will be made only if agreed to in writing by both parties.
Warranty and Disclaimer of Warranty: Seller warrants the articles covered by this quotation to be free from defects in material and workmanship under normal usage for one (1) year from the customer acceptance signoff date or ninety (90) days after shipment, whichever comes first, unless otherwise noted on this quotation. Components not of Link’s own manufacture (standard purchased parts) can be guaranteed only to the extent of the original manufacturer’s guarantee. Service to and replacement parts for these items should be arranged through the respective manufacturers nearest service representative. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Liability and Limitation of Liability: PURCHASER’S REMEDY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS DURING THE WARRANTY PERIOD SET FORTH ABOVE IN PARAGRAPH 11, WHICH IS EXPRESSLY AGREED TO BE PURCHASER’S SOLE AND EXCLUSIVE REMEDY. The Purchaser shall return any such defective parts to Seller freight pre-paid to Link, Plymouth, Michigan. If, in Seller’s judgment the parts are found upon inspection to be defective, they shall be repaired or replaced and then returned to Purchaser. No allowance shall be granted for any repairs or alteration made by the Purchaser without Seller’s written consent. In no case is travel to, or labor at, the customer site covered. LINK’S LIABILITY SHALL BE LIMITED TO THE COST OF REPAIRING OR REPLACING DEFECTIVE PARTS. IN NO EVENT SHALL LINK BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN ADDITION, LINK SHALL NOT BE LIABLE FOR ANY INJURY TO PERSONS OR PROPERTY RESULTING FROM THE OPERATION OF, OR INTERPRETATION OF RESULTS FROM, QUOTED EQUIPMENT.
Patents: (a) Link will defend any suit or proceeding against Purchaser based on a claim that any article or part of an article furnished under this quotation (a “Quoted Article”) constitutes an infringement of United States Letters Patent. This provision, however, is not applicable to any infringement of United States Letters patent resulting from 1) complying with specific written instructions furnished by the Purchaser, or 2) using parts or apparatus in the fabrication, installation, or operation of equipment (whether such parts or apparatus be furnished directly by the Purchaser or called for in drawings and specifications furnished to Link by the Purchaser). This provision shall also not apply to any infringement by reason of the use of a Quoted Article in combination with other products not furnished by Link or from the operation of any process not inherent in the use of a Quoted Article. (b) Purchaser shall promptly notify Link in writing of any and all claims of infringement related hereto, and Purchaser, in case of litigation, shall assist Link at Link’s expense, save for the services of Purchaser’s employees, in furnishing evidence as to the use of the patent and other facts required by Link in such litigation.
Agent’s Authority: No agent or salesperson has authority to obligate Link by any terms, stipulations or conditions not herein expressed.
Detailed Drawings: Nothing in this proposal shall be interpreted as an understanding or agreement that detailed or shop working drawings will be furnished of any part of the equipment offered.
Terms and Conditions – Sales 10202011.doc Revision: October 20, 2011