These terms and conditions shall apply to the sale as reflected on the invoice from Seller to Buyer and
to any quotation by Seller issued to Buyer in connection herewith. The terms and conditions set forth on the
invoice of which this is made a part shall supersede those terms and conditions set forth in any Buyers order.
Sellers prices are F.O.B. Seller’s plant unless otherwise specified. Full payment of the purchase price and any other charges is due within thirty (30) days after invoice date, unless otherwise negotiated. Credit Card payments will be subject to processing/service charges.
PASSAGE OF TITLE
For Sales Transactions: Notwithstanding whether ATLAS-SSI or alternatively Customer, arranges or pays for
shipping, title shall pass to Customer (Or third party stipulated by Customer) upon receipt of goods and final acceptance by Customer at point of destination designated above. Any loss or damage prior thereto will be Sellers risk.
The Seller, ATLAS-SSI Inc., warrants to the original purchaser only, each new and unused product of its
manufacturing to be free from defects in material and workmanship for the “Warranty Period” specified as _______
months. The Warranty Period will begin after delivery of the equipment to the original purchaser. If, within the Warranty Period, Seller received written notice promptly after the discovery of any defect in the material or workmanship in the equipment Seller shall remedy each such defect at Seller’s option, either by (1) making available F.O.B. Seller’s plant replacement part(s); (2) repairing any defective part(s); or (3) authorizing and accepting the return of the Product by the Buyer and refunding the purchase price. This Warranty is not applicable to commercial items used on Seller’s assembled equipment which are manufactured by others except to the extent of the original equipment manufacturer’s warranty to Seller which Seller can pass on. The Warranty does not cover repair or replacements required as a result of misuse, mishandling, improper storage, extreme weather, use other than under normal operating conditions, failure to install, test, use, maintain and repair the Product in accordance with Seller’s instructions or other use inconsistent with Seller’s instructions. The remedies specify in this paragraph constitute Seller’s sole obligation and liability and Buyer’s exclusive remedy under this Warranty. Except for the express warranties set forth herein, there shall be no express, implied or statutory warranties with respect to this sale and the services to be provided herein. Including without limitation, any implied warrantied of merchantability, of fitness for a particular purpose, or regarding the results to be derived from the use of the equipment of services.
REMEDIES; LIMITATIONS OF LIABILITY
In no event shall Seller be liable to Buyer for any consequential, exemplary, punitive or special damages, even if such party has been notified that an act or omission may give rise to such damages. Nothing herein shall limit any right of recovery under any policy of insurance or any bond. Further the Seller’s total liability shall not exceed the purchase price quoted herein.
The purchase of equipment, merchandise, and/or services described on the invoice which is made a part hereof
shall be deemed to have been executed and delivered in the State of Louisiana and it shall be governed by and construed in accordance with the laws of the State of Louisiana. This agreement and all attachments hereto, set forth the entire agreement and understanding between the parties and supersede all prior oral and written and contemporaneous oral agreements and understandings related to the subject matter hereof. In the event of any ambiguity or conflict or inconsistency between these conditions and any attachments hereto the terms and conditions set forth herein shall prevail and control. No representation, promise, inducement or statement of intention not expressly set forth herein has been made by either Buyer or Seller.
TAXES AND FREIGHT
Buyer shall be responsible for applicable local, state or federal taxes and all freight bills required for this purpose unless otherwise specified.
Shipping or delivery date is approximate. Seller shall not be liable for delays in or failure of delivery due to strikes or labor troubles, supplier delays, accidents, fire, flood, acts of God, action by government authority, changes requested by Buyer, or cause beyond its control. If shipment is delayed at the request of the Buyer, payment shall be made as though shipment has been made as specified.