TERMS AND CONDITIONS OF SALE
Company FARMATIC Anlagenbau GmbH, Kolberger Str. 13, D – 24589 Nortorf
1. ACCEPTANCE & PAYMENT
Quotations are held open for 30 days from date of quotation. All payments shall be made in € and pro-rata payments shall become due as shipments are made. Prices do not include any applicable city, county, state, or federal excise, sales, use or any other taxes now in force or to be enacted. All such taxes are to be paid and borne by the Purchaser. Price is subject to escalation for increased costs if Purchaser delays delivery beyond 6 months from the date of Purchase Order. All orders are subject to written acceptance by farmatic from corporate headquarters. All orders are subject to credit approval.
2. DELIVERY
Delivery is F.O.B. shipping point. Delivery dates are approximate and are not guaranteed. farmatic will not be liable for delays attributable to circumstances beyond it’s reasonable control, including but not limited to, delays in delivery by its suppliers, natural disasters, acts of third parties or labor disorders. If delivery as originally scheduled is delayed by Purchaser, farmatic may invoice Purchaser and store the products at Purchaser’s expense and risk. farmatic policy is to ship products “Bill Collect” with motor freight company mailing their invoice(s) directly to Purchaser’s billing address. farmatic assumes no responsibility for loss of, or damage to products after delivery to carrier who shall be deemed acting for the Purchaser.
3. TITLE & INSURANCE
Title to the product(s) and risk of loss or damage shall pass to the Pur- chaser upon shipment except that a security interest in the product(s) or any replacement shall remain in farmatic’s name regardless of the mode of attachment to realty or other property, until the full price has been paid. Purchaser agrees to do all acts necessary to perfect and maintain said security interest, and to protect farmatic’s interest by adequately insuring product(s) against loss or damage from any external cause with farmatic’s name as insured or co-insured.
4. CANCELLATION OR SUSPENSION
Orders entered cannot be canceled or suspended beyond original ship dates specified without written consent by farmatic which would include terms which shall indemnify farmatic against any and all losses.
It is noted that in the event of cancellation or suspension, charges will be assessed based on percentage of completion as determined by farmatic. The minimum cancellation or suspension charge will in no event be less than 30% of the selling price.
5. MATERIAL OF CONSTRUCTION
The Purchaser is responsible for determining the suitability and providing approval of any and all materials of construction to be used by farmatic.
6. WARRANTY & GUARANTEE
farmatic warrants that its products covered by this quotation are free from defects in material and workmanship. Except for the express warranties set forth in this Agreement, Purchaser acknowledges and agrees that farmatic is making no warranties, express or implied, concerning the products, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
With the exception of normal wear parts, farmatic guarantees the prod- ucts covered by this quotation to be free from defects in material or workmanship under normal and proper usage for a period of twelve (12) months from the date of equipment start up or eighteen (18) months from the date of shipment, whichever first occurs. As stated, this guarantee does not cover failure of normal wear parts unless the failure of such a part has resulted from defective material and workmanship.
In the event of any failure developing within the stated period, under normal and proper use, farmatic must be notified immediately in writing. Upon receipt of written consent by farmatic the parts are to be returned F.O.B. point of manufacture. If farmatic’s inspection indicates defective material or workmanship, the product or part thereof, will, at farmatic’s option, either be repaired or replaced without charge to Purchaser. F.O.B. point of manufacture.
In the case of any failure of components purchased by farmatic and incorporated into any of the products or systems provided by farmatic under this agreement, farmatic’s guarantee is limited to the component manufacturer’s guarantee. It is agreed farmatic shall not be held liable for any further cost, expense, or labour to replace equipment or parts or for any of Purchaser’s consequential, incidental, or indirect damages including but not limited to injury to person or property, loss of profits, loss of business reputation, down time, or any expenses that may result as a breach of this agreement.
It is further agreed that farmatic will not be held liable for any cost, expense, or labour to replace or modify equipment or parts not supplied by farmatic but arising out of, or in connection with, engineering documents, plans and specifications supplied as part of this agreement, and that farmatic‘s liability will be expressly limited to the correction of incorrect engineering documents.
It is important to note that farmatic does not accept liability for any corrective work or other expenditures of any kind that have not been authorized by farmatic in writing prior to commencement for such work or expenditure.
7. PRODUCT SAFETY
Products and systems designed and manufactured by farmatic are capable of being used in a safe manner. farmatic cannot warrant safety of these products or systems under all circumstances. Therefore it is agreed that it is the responsibility of the Purchaser to insure that the installation and use of these products or systems is in a safe and lawful manner and in compliance with applicable health and safety regulations and laws and general standards of reasonable care.
8. CONFIDENTIAL INFORMATION, IMPROVEMENTS & DRAWINGS
All information, literature, and drawings included with this quotation are for the sole limited purpose of review in contemplation of entering into a purchase agreement with farmatic biotech energy ag. Purchaser will keep confidential and will not use or reproduce or in any way disclose any said information, part or whole, without prior written permission from an officer of farmatic. Purchase will return all such material to farmatic if the quotation is not accepted. Purchaser agrees to not copy the product(s) or make design drawings of the product(s) and not to permit others to copy or make design drawings of the product(s). farmatic shall have royalty-free license to make, use, and sell any changes, improvements or modifications in the products or systems covered by this quotation regarding inventions, suggestions or operation by Purchaser and/or its employees.
farmatic will provide submittal drawings, on request, for purchaser’s approval. If upon receipt of drawings Purchaser requests construction and/or design changes, farmatic will submit a revised price and shipping date. Upon Purchaser’s approval farmatic will proceed with production in accordance with the drawings as revised and approved.
9. COMPLETE AGREEMENT
This complete agreement between farmatic and Purchaser is contained herein and no additional or different term or condition stated by Purchaser will be binding unless agreed to by farmatic in writing. It is agreed that no other agreement expressed or implied exists between farmatic and Purchaser which would supersede this agreement. The failure of farmatic to insist upon strict performance of any of the terms or conditions stated herein will not be considered a continuing waiver of any such terms or condition or any of its rights, nor will it imply a course of performance between the parties.
11/02
Download terms_and_conditions