Terms and Conditions

CRAIGG MFG CORP TERMS & CONDITION of SALES

Craigg hereafter is referred to as the Seller

1. PRICES Unless otherwise specifically agreed, all prices are for material packed for domestic shipment and for delivery F.O.B. point of manufacture. Acceptance of
your order is based on present costs, and the prices set forth herein are subject to increase by Seller at any time prior to delivery in respect to all or any portion of the
material on order to the extent necessary to Seller’s increased costs applicable thereto.
2. DELIVER Shipping dates are approximate and based on prompt receipt of all necessary information. All risk of loss shall be on Buyer from point of shipment. Buyer
shall pay all transportation and delivery charges to final destination. Partial shipments may be made and payment therefore shall become due in accordance with the
terms hereof.
3. DEFAULT If buyer shall fail or refuse to accept delivery of the equipment and parts ordered hereunder or shall default in the performance of any of the terms,
covenants and conditions of this agreement, Seller may retain the cash deposited or paid to it and/or equipment accepted by it on account of the sale price and apply
the same toward payment of its damages.
4. DELAYS Seller shall not be liable for loss or damages due to delay in delivery, manufacture or installation resulting from any cause beyond Seller’s reasonable
control, including but not limited to, compliance with any regulation, orders or instructions of any federal, state or municipal government or any department or any
agency thereof, Acts of God, acts or omissions of the Buyer, acts of civil or military authority, fires, strikes, factory shutdowns or alterations, embargoes, wars, riot,
delays in transportation, or inability due to causes beyond the Seller’s reasonable control to obtain necessary labor or materials from the Seller’s usual sources; and
any delay resulting from any such cause shall constitute cause for extending delivery dates and receipt of the goods shall constitute a waiver or all claims for
damages. In no event shall Seller be liable for special or consequential damages.
5. PAYMENT TERMS The terms of sale herein are Cash On Delivery subject to credit approval and Seller may at any time prior to delivery modify the terms of
payment originally specified to require payment in advance. Net Cash 30 Days subject to credit approval. If the total selling price is not paid when due Buyer shall
pay late charges equal to the highest lawful contract rate of interest not to exceed 1 ½% per month computed from the due date on the unpaid balance of the total
selling price. If the total selling price, or any part thereof is not paid when due and referred to a collection agency and/or attorney for collection, Buyer shall be
responsible for and pay all reasonable costs of collection, including but not limited to, attorney fees.
6. SPECIFICATIONS Quantities and sizes are subject to variation in accordance with Seller’s standard practices and tolerances and the requirements or the job where
the equipment covered by this order is to be installed. It is Seller’s policy to constantly strive to improve its product. Seller, therefore reserves the right to make
changes in design, and other changes, whenever Seller believes its product will be improved thereby, but without incurring any obligation to incorporate such
changes retroactively.
7. INSTALLATION If this order acknowledgment provides for installation, Seller obligation to deliver the equipment and provide for its installation shall in no event
commence until the premises are ready to receive the equipment, and such obligations shall be subject to all other terms hereof. Costs and expenses to Seller or its
contractor of delays in installation due to interference by other contractors working on the premises will be charged to Buyer. Installation costs stated in this order are
estimated, cover only installation of the equipment specified herein, and do not cover any other costs, including, but not limited to, costs of electrical work, carpentry,
plumbing, sweeping, mopping, dusting or general cleanup. Seller or its contractor shall not be responsible for removing or disposing of packing material, cartons,
boxes or other containers housing the equipment.
8. TAXES The amount of taxes stated on the Seller’s invoice, if any, is approximate only. Buyer is liable for the full amount of all taxes applicable to or as a result of
this transaction, exclusive of franchise taxes and taxes measured by the net income of Seller. Buyer shall pay the amount of all such taxes as at any time requested by
Seller as if originally added to the price. If Seller pays such taxes, Buyer shall reimburse Seller therefor. All such taxes now and hereafter applicable to this
transaction shall be paid by Buyer.
9. CANCELLATION Buyer may cancel its order, reduce quantities, revise specifications or extend schedule only by mutual agreement as to reasonable and proper
cancellation charges which shall take into account expenses already incurred and commitments made by Seller, and Buyer shall indemnify Seller against any loss.
10. WARRANTY Seller warrants that each new item of equipment and parts manufactured by Seller hereunder shall be free from defects in material and workmanship.
Seller’s obligation under this warranty be limited solely, at Seller’s option, to repairing or replacing F.O.B. Seller’s place of business, or allowing credit for, any part
which under normal and proper use and maintenance, proves defective in material and workmanship, within one year from date of original installation (not to exceed
one year and ninty days from date of shipment from the factory); provided, that notice of any such defect and satisfactory proof thereof is promptly given to Seller
and thereafter such part is returned to Seller, at its request, with transportation charges prepaid and Seller’s Examination proves such part to have been defective.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND DOES NOT INCLUDE ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR
SPECIAL DAMAGES. This warranty does not apply; (1) to used product ordered “AS IS” basis; (2) to damage to any new product or part caused by overloading,
abuse, misuse, tampering, neglect or accident, or putting to a use other than normally recommended by Seller; (3) to any product or part which shall have been
repaired, altered or assembled in any way by other than Seller, Seller’s supplier or Seller’s installation contractor which, in sole judgment of Seller affects the
performance, stability or purpose for which it was manufactured; (4) toward payment of any removal or installation charges of warranted parts; (5) fire, flood, acts of
God; (6) Seller makes no warranty whatsoever in respect of items not manufactured by Seller, but instead the applicable warranties, if any, of the respective
manufacturers thereof shall apply.
11. APPLICABLE LAW: VARIATION OF TERMS The rights and obligations of Seller and Buyer under this order shall be governed by the laws of the state where
accepted by Seller. No waiver, modification, or addition to any of the terms of this order shall be binding on Seller unless made in writing by an authorized
representative of Seller. The provisions hereof are intended by Buyer and Seller as a final expression of their agreement and are intended also as a complete and
exclusive statement of all terms applicable to Buyer’s order.
12. All printed prices are quoted F.O.B. Factory, subject to terms as printed and subject to change without notice.
13. MANUFACTURER or its Seller makes no claims verbal or otherwise that products meet or adheres to established Building Code(s), State or local ordinances,
regulations specified or unspecified. It is the Buyers responsibility to be aware of such and prove compatibility.
14. RETURNS It is within the Sellers rights to govern the condition of this return policy. Return acceptance is at the Sellers discretion and not guaranteed with the
exception of warranty claim(s) only if agreed it is as such. No returned material(s) will be excepted without prior approval from the Seller. The following conditions
are considered and implemented if such return approval is granted . (1) return is received within 65 days from date of invoice, 60 plus 5 days for transporting, (2)
Buyer bares all expenses, not limited to, freight line charges, crating, insurance, handling. (3) excepts a 25% restocking fee implemented by Seller.(4) assessment of
cost to refurbish material(s) into a state suitable for resale.