Terms and Conditions
1.PAYMENT. Terms of payment all payment due prior to shipment in United States Dollars, unless otherwise stated elsewhere in this transmission. All prices are FOB unless otherwise specified and subject to prior sale.
- TAXES. Prices do not include any federal, state, or local taxes, which are in addition to the purchase price and must be paid by the Purchaser. Any and all foreign duties and taxes are the responsibility of the Purchaser. Unless the Purchaser furnishes Seller with a tax exemption certificate, any sales, use, excise, or other similar taxes, where applicable, shall be added to the quoted purchase price and invoiced by Seller to Purchaser.
- FREIGHT AND INSURANCE. All freight and insurance charges are the responsibility of the Purchaser unless otherwise agreed to between Seller and Purchaser.
EXPORT TERMS: Export documentation may require a service fee. All banking fees are the responsibility of the customer. Export packing may require an additional preparation fee.
- DELIVERY. Unless otherwise stated elsewhere in this transmission, the purchase price is F.O.B. Place of Shipment and excludes skidding or crating for shipment.
All delivery times are quoted from receipt of deposit and required samples/drawing rather than the receipt of order.
- INSPECTION. The Purchaser shall have the right to inspect the equipment during normal business hours at its location prior to the time of shipment. Equipment purchased in “as is” condition is subject to lower pricing and inspection is urged before purchase.
- AS IS EQUIPMENT: NO WARRANTY. The equipment or merchandise sold by seller hereunder is sold as is and without warranty unless expressed by writing from Schier Company, Inc. Seller neither makes nor assumes any liability under any warranty, whether statutory, by operation of law or otherwise, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Seller does not warrant that such equipment or merchandise conforms with any plans or specification of purchaser or others or meets any requirements of any federal, state, or local laws, regulations, or ordinances pertaining to safety or insurance requirements unless otherwise stated on the invoice.
- AS IS USED EQUIPMENT. It is understood that the purchase of any used equipment is “as is” and “with all faults”. Unless stated as Reconditioned or New.
- RETURN. Any returned material must have prior authorization from Schier and may be subject to restocking and/or return freight charges.
- DEFAULT. If the Purchaser shall default in the performance of any of its obligations hereunder, then in addition to any and all other rights of remedies which Seller may have against Purchaser, Purchaser shall be liable to Seller for all court costs and attorney’s fees incurred in enforcing the terms and provisions of this agreement.
- REFUND.Refunds after viewing equipment will only be issued if the equipment is Not as it is described on the invoice.
- PURCHASER’S RESPONSIBILITY AND INDEMNITY. It shall be Purchaser’s responsibility to ensure that any equipment purchased from the Seller is installed and operated in a proper and safe manner. Purchaser also acknowledges that it may have to install or change guards, safeties, warnings, or other components to ensure that the machine will conform to all laws, regulations, ordinances, codes, insurance requirements, and industry standards. Purchaser agrees to defend, indemnify, and hold harmless Seller from and against all suits, claims, costs, and expenses, including reasonable attorney’s fees, for personal injury, death, or property damage arising from the purchase, ownership or use by the Purchaser, Purchaser’s agent, employees, or independent contractors of the equipment purchased.
- NON-LIABILITY OF SELLER. Seller shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, government laws, regulations, ordinances or codes, faulty installation by non-licensed technician, inability to obtain material, material equipment or transportation and any similar or different contingencies. In no event, whether as a result of breach of contract or warranty or tort (including negligence), will Seller be liable for any incidental or consequential damages including, but not limited to, damages for loss of revenue, cost of capital, claims of customers for service interruptions or failure of supply, and costs and expenses incurred in connection with labor, overhead, transportation, installation or removal of products or substitute facilities or supply sources.
- MODIFICATIONS. Purchaser acknowledges that these are the only terms and conditions of sale and are intended by the parties as a complete and exclusive statement of their terms of their agreement, and supersedes all prior agreements, written or oral, and upon issuance of Seller’s invoice or acknowledgement will become part of that invoice or acknowledgement. No course of prior dealings between the parties and no usage of the trade shall be relevant to determine the meaning of any agreement with Seller even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection.
Whenever a term defined by the Uniform Commercial Code is used herein, the definition contained in the Code shall control. Any variation from the terms here of contained in Purchasers acceptance is hereby rejected. The Agreement of which these terms are a part can be modified or rescinded only by writing signed by both parties or their duly authorized agents.
- GOVERNING LAW. Any agreement of which these Terms are a part shall be governed by, construed and administered in accordance with, the laws of Oklahoma. Creek County will be the sole and exclusive venue for any litigation or other proceedings between the parties which may be brought or arise out of or in connection with or by reason of this Agreement.
- SEVERABILITY. If any provision of any agreement of which these Terms are a part is held to be invalid, illegal or unenforceable, in whole or in part, such invalidity shall not affect any otherwise valid provision, and all other valid provisions shall remain in full force and effect.
- CONSTRUCTION. These terms and conditions of sale and any agreement, of which they are part, shall be construed in accordance with the laws of the state of Oklahoma. All sales originate in the state of Oklahoma and are subject to Oklahoma Law. Any litigation resulting from a dispute shall be heard in Creek County court in Sapulpa, Oklahoma.
- QUOTATIONS. All quotations are made for immediate acceptance and are subject to withdrawal, change and prior sales without notice.
This quotation is valid for a period of 30 days from the date Hereon and may be withdrawn at that time for price validation.
- LIMITATION OF REMEDIES. No claim of any kind shall be greater in amount than the purchase price of the merchandise in respect of which such damages are claimed, and failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-delivery), shall constitute a waiver by purchaser of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of purchaser. Any right to consequential and incidental damages is excluded.
- TIME FOR BRINGING ACTION. Any action by Purchaser for breach of any agreement of which these Terms are a part shall be commenced within one year after the cause of action has accrued.
- WARRANTY ON RECONDITIONED EQUIPMENT. Schier Company Inc., warrants the reconditioning of its equipment, sold by Schier Company Inc., (hereinafter referred to as Equipment) to be free from defects in materials and workmanship under normal use and proper maintenance for a period of 60 days from the date of shipment from Schier Company Inc. This warranty does not apply to: fragile parts and components where a shorter life is normally expected; items which are part of normal maintenance or items which Schier Company Inc., receives from outside vendors (motors, controls, valves, etc., as an example), the warranty with respect to which shall be limited to that which is actually received by Schier Company Inc., from such vendors. This warranty extends only to original end users of Equipment.
Schier Company Inc., warranty for homogenizers applies to drive train only. Fluid cylinder is warranted upon receipt.
Schier Company Inc., obligation (and Purchaser’s right or recourse) under the foregoing warranty and under any other contract warranty or performance guarantee, if any, shall be limited to the repair or replacement (at Schier Company Inc’s., option) of the Equipment in question or parts thereof, and does not include shipping costs or the cost of field labor for removing or reinstalling such parts or Equipment. No such repair or replacement shall extend the original warranty period.
Said warranty is exclusive and in lieu of all other warranties (whether written, oral or implied) including the warranties of merchantability and of fitness for any particular purpose. Schier Company, Inc’s., liability shall not be extended because of any advice or assistance given by Schier Company, Inc., in connection with the design, sale, installation, use, performance, repair or replacement of any product or service not sold by Schier Company, Inc. If any performance guarantees on equipment are given, such guarantees will be deemed to have been fully satisfied when, during installation and/or commissioning, Schier Company, Inc., causes the equipment to have the capacity to achieve such performance, or is excused from so doing by any act or omission of Purchaser or other cause beyond Schier Company, Inc’s., reasonable control.
- If the Equipment is being sold to Purchaser for resale or lease to others, Purchaser shall make the foregoing warranty an integral part of all such resales or leases and shall not in any way vary the terms or conditions of such warranty. In the event of such resale or lease Purchaser shall indemnify and save Schier Company Inc., harmless from and against all claims, suits, liability and expense (including attorney’s fees) based upon any actual or alleged act or omission of Purchaser and/or those acting on its behalf, including without limitation improper installation and/or unauthorized alteration of the Equipment and unauthorized variation from Schier Company Inc’s. standard warranty.
In no event shall Schier Company Inc., be liable for any direct, indirect, consequential or other damage of any kind in connection with the design, sale, installation, use, performance, repair or replacement of the equipment except as herein set forth. Schier Company Inc’s. Liability shall in no event be greater than the selling price of the parts or equipment in question.
Schier Company, Inc.
14459 S. 65th W Ave.
Kiefer, OK. 74041