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 KERITE
TERMS AND CONDITIONS OF SALE
ORDER ACCEPTANCE
- All orders are subject to credit approval, acceptance by Seller,
and a $500.00 minimum order quantity. Acceptance of any order is
subject to availability of product and the ability of Kerite to
deliver.
VALIDITY
- The prices shown are valid for a period of 30 days, unless otherwise
specified.
METALS ADJUSTMENT
- Copper (Comex, high grade, electrolytic cathode) Aluminum (New
York Merchant's 99.7%) and Lead (U.S. Primary Producers) will be
adjusted to the market price on the date of shipment per the American
Metals Market and invoiced accordingly.
PAYMENT TERMS
- Terms are 30 days net from date of invoice. A service charge
of one and one-half percent per month will be applied to all invoices
not paid within the stated terms.
FREIGHT CHARGES
- Freight charges have been computed using the total footage, cutting
length(s) indicated and standard equipment freight rates. Should
final shipping instructions require a change in the ship method,
(i.e., flat bed, open top or exclusive use truck), or should buyer's
purchase order require a substantial change in the size/type/number
of reels used, prices will be adjusted accordingly.
REELS
- Returnable reels, if used, are charged for extra. Full credit
will be issued for reels returned within 12 months, one-half credit
for reels returned between 12 months and 18 months, and no credit
thereafter. Credit will be reduced for necessary repair costs. Reels
must be returned prepaid unless mutually agreed to in writing. For
more detail, see Returnable Reel Procedure Attachment A.
RETURNS
- No returns of products accepted unless previously authorized in
writing.
QUANTITIES
- Prices are based on quality brackets that apply to the respective
items and quantities requested. Orders or releases for quantities
less than those shown will be subject to price adjustment to the
appropriate quantity bracket.
LENGTHS
- Industry practice and the particular nature of wire and cable
manufacture require that manufacturing lengths be in excess of the
exact lengths required for any given item. Tolerance of +/- 10%
is required for each cutting length. Cables shipped will be within
this tolerance and invoiced accordingly. If a situation requires
that there be no deviation in quantities other than the lengths
specified, Seller must be advised.
DELIVERY
- Unless otherwise agreed in writing, shipment of material shall
be made F.O.B. Seymour, CT, or such other point as the Company may
designate and shall constitute delivery to the Purchaser. Title
and all risk of loss or damage in transit shall pass to the Purchaser
at that time. Method and route of shipment will be at the discretion
of the Company unless Purchaser shall specify otherwise. Any additional
expense incurred due to the method or route of shipment specified
by Purchaser shall be borne by Purchaser. Availability of raw materials,
power, fuel, manpower, and other conditions beyond the Company's
control may alter the delivery time. The delivery time indicated
is not guaranteed and penalties for delays in delivery or for requests
to adjust metals to indicated shipping times will not be accepted.
CANCELLATION
- Orders canceled may be subject to cancellation charges. Calculation
of charges will be dependent upon the degree of manufacturing completed.
TAXES
- Federal, state or municipal excise and sales taxes levied upon
the Seller or to be collected by the Seller from the Purchaser in
connection with the subject of this transaction will be added to
our invoice as net items where applicable.
WARRANTY
- The Kerite Company ("Kerite") warrants solely to the Purchaser
that any wire or cable of its own manufacture ("Product") and supplied
to the Purchaser will be free from defects in material and workmanship
provided the wire and cable are employed under conditions contemplated
and covered by the design specifications, and provided further that
the wire and cable are installed, spliced, terminated, maintained,
and operated in accordance with Kerite's recommended standards and
procedures. If a Product fails electrically while in service, Purchaser
shall notify Kerite within (5) days of the discovery of such failure,
and shall permit a representative of Kerite a reasonable opportunity
to inspect the Product. If it is mutually determined by Kerite and
Purchaser that the failure is the result of defective material or
workmanship, Kerite's sole responsibility under this Warranty shall
be to repair or replace the defective Product, the choice of which
will be Kerite's option. If Kerite chooses to replace the defective
Product, the new Product will be delivered free of charge to the
delivery point called for in the original order. Kerite will not
be responsible for any damage or failure caused by Purchaser or
any third party, including without limitation, Acts of God. Kerite
will not be responsible for any defects or repairs to, or replacement
of, adjacent or connected equipment to which the Product may supply
electrical power or from which it may take electrical power, or
with which it may, in any manner, be associated. Kerite will not
be responsible for any incidental or consequential damages whatsoever,
either direct or indirect, resulting from a failure of the Product.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES WHETHER WRITTEN, ORAL, EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. CABLE COLOR IDENTIFICATION - Colors being
used for cable identification may not remain stable during the entire
life expectancy of a cable in underground installations, either
directly buried or in a duct, or in air exposed to direct sunlight.
Soil conditions may vary and may change the identification colors
from varying shades to black over a period of time. Investigation
conducted indicates that to our knowledge there is no test that
will predict the stability of colors in all types of underground
environments. The user is cautioned that this possibility of identification
color change does exist and the user assumes full responsibility
for cable identification and associated safety practices and procedures
prior to performing any work on the cable.
CORRECTIONS
- All stenographic and clerical errors are subject to correction.
GENERAL
- Placement of an order by Purchaser or acceptance of any shipment
of goods listed in a Kerite current price list constitutes agreement
by Purchaser to these Terms and Conditions of Sales as the only
terms and conditions applying to the purchase and sale of the identified
goods. No addition to, deletion from, or modification of any of
these provisions shall be binding upon Kerite unless made in writing
and signed by a duly authorized Kerite representative or in accordance
with a published Kerite policy applicable to such order and in effect
at the time Kerite accepts such order. KERITE HEREBY OBJECTS TO
ANY BUYER TERMS AND CONDITIONS CONTAINED IN ANY PURCHASE ORDER OR
OTHER DOCUMENT SUBMITTED BY BUYER.
This contract
shall be construed under and governed by the Laws of the State of
Connecticut as if entered into and fully performed therein.
Form 012296-16
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