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TERMS AND CONDITIONS

All published prices are based upon the sale of material as merchandise. Additional charges may be made to cover the cost of unusual services, such as packaging, engineering, overtime work, financing, or other special costs.

GENERAL: The Terms and Conditions of Sale outlined herein shall apply to the Sale by Atlas Machining & Welding, Inc., (hereinafter referred to as Company – of products, equipment and parts relating thereto (hereinafter referred to as Equipment). Unless prior written agreement is reached, it shall be understood that the Company’s proceeding with any work shall be in accordance with the terms and conditions outlined herein.

PRICES AND ACCEPTANCE: All quotations are for immediate acceptance and are valid only for thirty (30) days from date of quotation, unless otherwise specifically stated in writing. It is agreed that in the event of a price increase, any material shipped later than ninety (90) days from acceptance of an order of contract will be billed at prices in effect on the date of shipment Sale of goods is not considered completed until the order is accepted at the Home Office, Northampton, Pennsylvania.

LIMITED WARRANTY: Company shall not be liable for damages or delays caused by defective material or workmanship, and it is agreed that the liability of the Company under all guarantees, either express or implied, is specifically limited to the replacement, free of charge f.o.b., its factory, of parts failing through defective workmanship or materials within twelve months after delivery thereof to the original purchaser and in the manner aforesaid. Company will make no allowance for repairs or alterations unless Company in writing specifically authorizes any such repair or alteration.

This guarantee shall not apply to any equipment which has been subjected to misuse, neglect or accident, or has been altered or tampered with, or if corrective work has been done thereon without our specific written consent. No allowance will be made for such corrective work done without such consent. Improper lubrication, deterioration by chemical action, and wear caused by the presence of abrasive materials, do not constitute defects. Equipment manufactured by others, and included in our proposal, is not warranted in any way by us but carries only the manufacturer’s warranty, if any.

All warranty claims must be submitted within ten (10) days of discovery of defects or shall be deemed waived. No representative of our company has any authority to waive, alter, vary or add to the terms hereof without prior approval in writing.

LIABILITY: It is expressly understood that our liability for our products is limited to the furnishing of such replacement parts, and that we will not be liable for any expense, injury, loss or damage, whether direct or consequential, including but not limited to loss of profits, production, increased cost of operation, or spoilage of material, arising in connection with the sale or use of, or inability to use, our equipment or products for any purpose, except as herein provided.

CONTRACTS: All prices are made f.o.b. factory, unless otherwise indicated. Our responsibility ceases when delivery is made to transportation company. If there are evidences of shortage or damage, insist that the transportation agent makes notations on shipping documents before signing receipt. Any damage or shortage claims should be made immediately with the transportation company.

PROMISE OF DELIVERY: Represents only our best estimate of the time necessary to complete the work. Failure to deliver within the time estimated will not render us liable for damages, or warrant cancellation of the order unless upon terms which will adequately indemnify us against loss.

FAILURE TO DELIVER: Seller shall not be liable for damages arising from failure to make delivery caused by fire, flood, strikes, riots, labor disturbances, failure or delay of carriers, interference by civil or military authority, inability to obtain essential supplies, parts or materials, acts of God or any circumstances or accident beyond Seller’s control.

RETURNED GOODS: Will not be permitted unless such return is authorized in writing by Company.

RESERVATION OF TITLE: It is expressly stipulated and agreed that title and ownership of said property is and shall remain vested in Seller, notwithstanding delivery or possession, until the entire price is paid by cash in full.

SALES TAX: Any Federal, State or City sales tax will be added to the invoice.

FREIGHT: All items are sold F.O.B. Shipping Point, freight collect unless other specified or quoted. If shipping instructions are not given, we will decide how to ship and pack.

TERMS OF PAYMENT: Net 30 days unless otherwise specified.

SAFETY DEVICES: We will supply only such safety devices as are specified in this proposal. Any additional safety measures or devices which may be required by law, or which you may wish to add, are to be furnished by you, or at our written request, they will be furnished by us at additional cost to you.

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