TeeMark Manufacturing

Warranty Information

TEEMARK
MANUFACTURING

WARRANTY INFORMATION

TEEMARK MANUFACTURING

WARRANTY – TERMS OF SALE

 

Only the following conditions apply and shall be binding on the Seller regardless of any conditions contained in your inquiry or order.  If the conditions stated herein are in any way unacceptable to you, please notify us at once; otherwise the following conditions will become the only conditions applicable to this transaction regardless of any conflicting terms or conditions contained in your inquiry or order.

 

  1. CONTRACT. No order or quotation is binding on Seller and no contract is formed until Seller’s formal acknowledgement of the order on Seller’s own form is sent to Buyer.  Any special terms or conditions noted on the face of Seller’s quotation on which this order is based is incorporated herein by reference and made a part hereof as though specifically set forth herein.
  2. DELIVERY. Without prejudice to any of Buyer’s other rights hereunder, title and risk of loss shall fall to buyer on delivery of goods hereunder by Seller to carrier regardless of who bears the cost of freight.  Seller shall not be liable for any delays in or failures of delivery due to acts of God or public authority, labor disturbances, accidents, fires, floods, extreme weather conditions, failure of and delays by carriers, shortages of materials, delays of a supplier due to causes beyond its control, or any other causes beyond the control of the Seller.  Seller shall notify Buyer of any such delays as soon as it becomes apparent.  In no event shall Seller be liable for consequential or special damage arising out of a delay in or failure of delivery.
  3. LIMITED WARRANTIES.  All goods sold hereunder are warranted to be free from defects in material and workmanship and/or to conform to applicable specifications, drawings, blueprints and/or samples.  Seller’s sole obligation under these warranties shall be to issue credit, repair or replace any item or part thereof which is proved to be other than as warranted.   Seller shall have the sole right to determine whether such parts shall be repaired or replaced or whether credit shall be issued.  No allowances shall be made for any labor charges of Buyer for replacement of parts, adjustments or repairs, or any other work unless advance, written authorization for such charges is given by Seller. In no event shall Seller be liable for collateral, consequential or contingent damages.  If goods are claimed to be other than as warranted, Seller, upon notice promptly given, will either examine the goods at the Buyer’s site or issue shipping instructions for return to Seller (transportation costs prepaid by Buyer), and if any goods are proved to be other than warranted, transportation costs (cheapest way) to and from Seller’s plant will be borne by Seller and reimbursement or credit will be made for amounts so expended by Buyer.  Every such claim for breach of the warranties herein contained shall be deemed to be Waived by the Buyer unless made in writing within 90 DAYS from the date of shipment of the goods to which such claims relates.  These warranties shall not extend to any goods or parts thereof which have been subjected to misuse or neglect, damaged by accident, rendered defective by reason of improper installation or used for other than the express purpose for which it was designed and built, or by the performance of repairs or alterations outside of Seller’s plant, except when performed under seller’s specific authority.   These warranties shall not apply to any goods or parts thereof furnished by Buyer or acquired from others at Buyer’s request and/or to Buyer’s specifications. In no event shall the Seller be liable for contingent or consequential damages.  This warranty is in lieu of all other warranties.
  4. CHANGES IN SPECIFICATIONS OR DESIGN.  Should Buyer request that changes be made in the specifications or design relating to any goods, delivery dates and schedules shall be revised accordingly, if necessary, and an equitable adjustment, upward or downward, be made in price so far as warranted.
  5. TERMINATION, REDUCTION IN QUANTITY, RESCHEDULING DELIVERY.  In the event Buyer desires to terminate any part or all of the work to be done hereunder, reduce the quantity of goods ordered, or reschedule the delivery of any goods, fair compensation shall be made to the Seller.   Seller shall recover without duplication the contract price for articles which have been completed, the actual costs incurred by Seller which are properly allocable or apportionable under recognized commercial accounting practices to terminated work (including cost of discharging liabilities) plus a reasonable profit, the increased cost incurred by Seller by reason of a revision in the delivery schedule.
  6. BUYER’S PROPERTY.  Any patterns, equipment or materials furnished by Buyer shall be used only in the production of goods ordered by Buyer and not otherwise, unless by Buyer’s written consent. Seller agrees to exercise reasonable care with respect to such property while in its possession and control, but shall not be responsible for loss or damage occurring without its fault or negligence or for ordinary wear and tear. When, for two (2) consecutive years, no orders are received form the Buyer for a particular product, any tooling or equipment, whether owned by Buyer or Seller, required for producing such product, as well as any inventory of such product, may be destroyed by seller without notice to buyer or liability to Seller.
  7. PATENT INFRINGEMENT.    Seller shall defend and save harmless the Buyer from any claim that any product or article sold to the Buyer hereunder in and of itself infringes any United States letters patent by reason of its sale provided Seller is notified in writing within ten (10) days after such claim is made against the buyer and provided further that seller is permitted to defend the same in Buyer’s name if action brought. If the product or articles sold to the buyer hereunder is manufactured by the Seller according to a design or specification furnished by the Buyer, the Buyer will defend and save harmless the Seller from any claim of infringement of any letters patent.
  8. PATENT AND DATA RIGHTS.  Seller will comply with all applicable federal, state and local laws, provided however, that the Seller will not be bound by Armed Services Procurement Regulation 9-202, Rights in Data: Defense procurement Circular #24, or any other regulation requiring the Seller to provide Technical data, either limited or unlimited, to any representative of the federal government or agency thereof, unless affirmatively and specifically agreed to in writing by the Seller.
  9. PROPRIETARY DESIGN.  Unless the design for the goods shall have been furnished by the                               Buyer to the Seller and used by the Seller in manufacturing the goods, the design of the products supplied to the Buyer are proprietary. The Buyer agrees not to reproduce these products or their design for his own use or for resale, except where necessary for maintenance of said goods.
  10. BUYER SPECIFIED SOURCES.  Where Buyer supplies parts and/or materials to be used in connection with the work to be performed and materials to be furnished by the Seller, subcontract work of any kind is performed for Seller by a source specified or selected by Buyer, Buyer assumes, and Seller is correspondingly relieved from all responsibility where the merchandise supplied by Seller is other than as warranted and where the reason therefore is due to the work performed by the source so specified or selected by Buyer or parts supplied by Buyer.   Buyer further agrees that in such instances Buyer will defend, at no cost to Seller, every suit which shall be brought against Seller by reason of the defects in such parts supplied by Buyer or operations so subcontracted at Buyer’s request.
  11. TAXES.  Sales and use taxes, payable by Buyer, which are presently or may hereafter be imposed by any taxing authority, are not included in the sales price; any direct or excise tax, payable by Seller, which may hereafter be imposed by any taxing authority, upon the manufacture, sale or delivery of products covered by this order, or any increase in rate of any such tax now in force, shall be added to the sale price.  If not collected at time of payment of sale price, Buyer will hold Seller harmless.
  12. APPLICABLE LAW.  This contract shall be governed by the law of the State of Minnesota.   The invalidity of any one clause or portion of this contract shall have no effect on the validity of any other section or portion thereof.  Failure at any time of Seller to enforce any provision of this contract, or to exercise an option hereunder, or to require performance by Buyer of an provision hereof, shall in no way be construed as a waiver nor in any way affect the right of Seller to thereafter enforce each and every provision.  A waiver by Seller of a term or condition hereof shall not be deemed a waiver of any other term or condition hereof or as a future waiver thereof. Sites of the contract shall be deemed Seller’s corporate offices.
  13. PREVAILING TERMS.  Seller’s standard terms of sale shall supplement and compliment Buyer’s terms and conditions of sale, and both shall form the contract.  However, if there is a conflict on content, interpretation, contruction, or on any other points, between Buyer’s and Seller’s terms and conditions of sale, Seller hereby expressly rejects such conflicting terms and/or conditions of Buyer, and Seller’s terms and conditions shall prevail and Buyer’s acceptance of Seller’s terms and conditions as set forth herein.