a) Prices are Seller or Point of Origin. Any taxes, fees, or duties are in addition to the prices and may be invoiced to Buyer/Renter later.
2) Shipping Schedule:
a) The shipping schedule is Seller's current estimate of delivery dates, and Seller agrees to use reasonable efforts to comply with the schedule. Buyer's acceptance of delivery of Seller's products to the carrier shall constitute a waiver of any claim for delay. There are no penalty clauses.
a) Any product or part thereof which, under normal operating conditions in the plant of the Buyer thereof, proves defective in material or workmanship, as determined by Seller's inspection, within 12 months from the date of shipment will be replaced or repaired free of charge, with the exception that Buyer shall, at its expense, provide shipping for said repaired or replaced product or part thereof. i) This warranty is contingent upon the following conditions: that Seller promptly receives written notice of the defect; that Buyer establish that the product has been properly maintained, and operated within the limits of related and normal usage as specified by Seller; and that, upon Seller's request, Buyer will return to Seller, at its own expense, the defective product or part thereof.
b) Any use of product or part thereof outside the limits or normal intended use, modification or alteration to product or part thereof will void this warranty.
c) Any service or parts provided by Seller which are outside the scope of the warranties shall be charged to Buyer at Seller's applicable time and material rate and terms and conditions in effect at the time such service or parts are provided.
4) Exclusions of Warranties:
a) The warranties to repair or replace defective products or parts, as set forth in paragraph 3, and any additional warranty expressly stated to be warranty and set forth in writing as part of these terms herein are in lieu of all other warranties, expressed or implied, including but not limited to, any implied warranty of merchant ability or fitness for a particular purpose.
5) Limitation of Remedies and Liabilities:
a) Buyer agrees that Seller's liability and Buyer's sole and exclusive remedy pursuant to any claim of any kind, including but not limited to a claim in contract, negligence or strict liability, against Seller or any of Seller's affiliates, shall be (a) the repair or replacement at Seller's option of defective products or parts thereof , or (b) a refund of the price allocable to the defective product or part thereof if Seller is unable to effectively repair, replace or correct such defect in a reasonable time after using Seller's best efforts. Claims of any kind include but are not limited to those for any loss or damage arising out of, connected with, or resulting from this Agreement or from the performance or breach of the terms hereof, or from the design, manufacture, sale, delivery, resale, technical direction, inspection, repair, operation or use of any product or part thereof covered by this Agreement. If, however, any warranty is expressly set forth in writing in accordance with Paragraph 4 above as part of these terms in addition to those set forth in Paragraph 3 above, Seller's liability and liability of any of Seller's affiliates under such additional warranty shall terminate one year from the date of shipment by Seller.
b) Under no Circumstances shall Seller or any affiliate of Seller have any liability whatsoever for incidental or consequential damages, such as, but not limited to, loss of profit or revenue; loss of use of the product, part thereof; cost of capital; cost of replacement equipment; or claims resulting from contracts between Buyer, its customers and/or suppliers. Unless expressly provided for herein, in no event shall Seller or any affiliate of Seller assume responsibility or liability for (a) penalties, penalty clauses or liquidated damages clauses of any description, (b) certifications or (c) indemnification of Buyer or others for costs, damages or expenses arising out of or related to the product or part thereof.
6) Cancellation: a) On specifically identified special orders and/or large orders, unless otherwise agreed, Buyer may cancel all or any part of the order by written notice received by Seller no later than 10 days before the acknowledged shipping date or. On receipt of such cancellation notice, all work on the order or part thereof canceled will be stopped as promptly as is reasonably possible. Buyer will then be invoiced for and will pay to Seller as liquidated damages a cancellation charge. For completed items, the charge will be equal to their established prices. For items not completed, the charge will be equal to 125% of Seller's full cost as determined by Seller in accordance with Seller's standard accounting practices, plus a charge for any packing and storage. The full cost includes burden and overhead costs incurred by Seller or by any of Seller's affiliates.
7) Standard Payment Terms: a) Unless stated otherwise in Seller's Quotation, payment is due upon receipt of the invoice, but in no event later than 10 days from the date of the invoice. b) International sales by Irrevocable Letter of Credit (ILC) for 100% of the contract amount, confirmed to: i) Seller's Bank:___________________________________________________________________________. c) All payments to Seller must be made by credit card, wire transfer and/or delivered to Seller at: 1006 N. 19th Street, Tampa, Fl. 33605, United States of America. d) If in Seller's judgment, Buyer's financial condition changes, Seller may stop work until financial arrangements satisfactory to Seller are made.
8) Acceptance of Product: a) Before accepting any product covered by Buyer's order, Buyer shall have a final opportunity to inspect it immediately upon delivery or at any scheduled demonstration of the product by Seller, whichever is earlier. Each such product shall be deemed to be accepted 14 days thereafter, unless Seller receives written notification of rejection for cause from Buyer within the 14 days.
9) Risk of Loss: a) Possession and risk of loss of each item of equipment shall pass to Buyer upon Seller's delivery of such items to Buyer's designated carrier, consigned to Buyer or as Buyer may direct.
10) Force Majeure: a) Seller shall not be liable for any delay in performance or nonperformance which is due to war, fire, flood, acts of God, acts of third parties, acts of governmental authority or any agency or commission thereof, accident, breakdown of equipment, differences with employees or similar or dissimilar causes beyond Seller's reasonable control, including, but not limited to, those interfering with production, supply or transportation of product, raw materials or components or Seller's ability to obtain, on terms Seller deems reasonable, material, labor, equipment or transportation.
11) Acceptance of Orders: a) Buyer agrees that all orders, including any arising from Seller's Proposal or Quotation, shall include these terms and conditions only, notwithstanding any different or additional terms that may be embodied in Buyer's order. Quotations are valid for 30 days from date of issuance. All orders are subject to acceptance by Seller in writing.
12) Merger Clause: a) This Agreement entirely supersedes any prior oral representations, correspondence, proposal, quotation, or agreement. This writing constitutes the final and total expression of such agreement between the parties, and it is a complete and exclusive statement of the terms of that agreement.
13) Assignment: a) Neither party may assign this Agreement without the written consent of the other party.
14) Governing Law: a) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The Parties have read this Agreement carefully and completely, and have had the advice and assistance of legal counsel. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida only. Furthermore, any dispute, arbitration or lawsuit brought in connection with this Agreement must be brought in Hillsborough County, Florida, and the Parties stipulate and agree that Hillsborough County, Florida has exclusive jurisdiction of any dispute, arbitration or lawsuit brought in the future related in any way to this Agreement. Moreover, this Agreement is performable in Hillsborough County, Florida and thus venue is proper in Hillsborough County.
15) Proprietary Information: a) Information contained in the Programs, proposals, quotations, price lists, and engineering and fabrication drawings relating to the Product are proprietary and confidential. Such information is the sole and exclusive property of Seller and title does not transfer to Buyer. Buyer agrees that it shall not copy, publish, disclose, display, reverse-engineer, or otherwise make available, in whole or in part, any such information, or any modifications or enhancements thereof, or copies thereof, to others without Seller's prior written authorization. Buyer agrees to secure and protect, in whole or in part, the information identified above in a manner consistent with the maintenance of Seller's prior written authorization. Buyer agrees to secure and protect, in whole or in part, the information identified above in a manner consistent with the maintenance of Seller's rights herein and to take appropriate action by instruction or agreement with its employees, agents, or consultants who are permitted access, in whole or in part, to the information identified above to satisfy Buyer's obligations hereunder.
b) Seller issues this quotation for the sole use of the Buyer only. No agency is allowed and any warranty is for the original Buyer only.
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