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FIKE'S CONDITION OF SALE LIMITED WARRANTY AND PURCHASER'S EXCLUSIVE REMEDY
LIMITED WARRANTY
- Because of the many and varied circumstances and extreme conditions under which Fike's products are used, and because Fike has no control over this actual use, Fike makes no warranties which extend beyond the express provisions herein. FIKE MAKES NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. Fike makes no express warranties beyond the following provisions, which only apply to the original purchaser.
- Fike only warrants to the original purchaser as follows: When the products and their component parts are properly installed and maintained, and if the product has not been modified or tampered with, then only the products actually manufactured by Fike shall be free from defects in material and workmanship only for a period of one year from shipment by Fike for all products except Fike Protection Systems which shall be free of said defects for a period of sixty (60) months from shipment.
NON-ASSIGNABILITY OF WARRANTY
- The warranty as set forth in these terms and conditions may not be assigned, transferred, sold, or alienated in any other way and extends only to the original purchaser.
PURCHASER'S EXCLUSIVE REMEDY
- The original purchaser's sole and exclusive remedy, unless varied by written agreement with Fike, is that Fike will, at Fike's option, repair or replace any defective part which is returned to Fike within ninety (90) days of discovery of the defect.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
- In no event shall Fike be liable for consequential damages, including but not limited to damages for loss of use, damages for lost profits, and damages for resulting harm to property other than the Fike assemblies and their component parts.
TERMS
- PRICES – Prices as quoted by Fike are based on current costs of labor and material, and are subject to Fike's adjustment to those prices in effect at time of shipment. On sales made subject to freight allowances, such allowances shall be limited to actual weight, and in the event of any increase or decrease in freight rates a corresponding charge or credit shall be made therefor. All taxes presently or hereafter imposed on the manufacture, sale, or delivery of any Fike products ordered, including any increase of such taxes, shall be charged to the purchaser in addition to the prices herein set forth in Fike's quotations.
- QUOTATIONS – Fike's quotations are not offers subject to the purchaser's acceptance, but are information upon which the purchaser may base his purchase order to Fike. Fike's quotations automatically expire thirty (30) days from the date made, unless otherwise expressly provided for in writing by Fike.
- TERMS – The terms of all shipments are thirty (30) days, NET, f.o.b. Blue Springs, Missouri. Interest at the lawful maximum rate will be charged on all past due items. In the event Fike retains an attorney to collect past due accounts, purchaser shall be liable for all reasonable attorney fees and costs.
- Minimum Billing – Fike has a minimum charge of $25.00 on all domestic orders and a minimum charge of $100.00 on all export orders.
- Orders – All purchase orders must be finally accepted by Fike at Blue Springs, Missouri, to be binding upon Fike. All contracts and orders are subject to Fike's credit approval and to Fike's written acceptance. Fike may at any time alter or suspend credit, refuse shipment or cancel unfilled orders, when – in Fike's opinion – the financial condition of the purchaser warrants or when the purchaser is delinquent in any payment.
- Shipping and Delivery Schedules – Shipment and delivery dates are estimates only, are based on current conditions and Fike's ability to secure labor, materials and parts, and – where applicable – are estimated from the date approved shop drawings are received from purchaser. Delivery is subject to any and all requisitions, priorities, allocations, restrictions, or controls now or hereafter established by any governmental entity. There shall be no penalty to Fike for delay without Fike's written agreement. Fike shall not liable for any delay in delivery nor for failure to complete any order if such a delay or failure is due to fire, strikes, or other labor troubles, accidents, transportation delays, shortages of material or machinery, government action, or any other cause beyond the control of Fike, and – in the event of any such occurrences – Fike may, at its election, cancel this order or any part thereof.
- Cancellation – If orders accepted by Fike are canceled by the purchaser, the purchaser shall pay all costs, expenses, losses and damages sustained by Fike in connection with such termination, including administrative and engineering expense. In addition, the purchaser agrees to pay a $100.00 cancellation charge.
- Return of Merchandise – No Fike products may be returned to Fike without Fike's prior written consent and without Fike's shipping instructions.
- Shortages or damage – The purchaser's claims for shortages in deliveries must be made in writing within ten (10) days after receipt of shipment. Loss or damage to any Fike product in transit is the sole responsibility of the carrier.
- Patent Infringement – If the purchaser's drawings or specifications infringe upon a patent or trademark, Fike will in no way be responsible for any claims or damages resulting from such infringement.
Terms and Conditions - Pressure Relief
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