Page 8/58IOM BiRotor Plus R27
3 Warranty Claim Procedures
These terms and conditions, the attendant
quotation or the acknowledgement, and all
documents incorporated by reference therein,
binds Brodie Meter Co., LLC, who issues the
quotation or acknowledgment for the provision of
services and/or the sale of goods (except as
provided in Section 11), to be provided hereunder
by seller (Brodie Meter Co., LLC) hereinafter Seller,
and the buyer, hereinafter Buyer, and constitute
the entire agreement (Agreement) between Buyer
and Seller regarding such sale and/or provision.
To the extent not in conflict with the superseding
terms of the Sales Order, these terms and
conditions will be in force.
1. PRICES: Unless otherwise specified by Seller,
Seller’s price for the Goods and/or Services shall
remain in effect for thirty (30) days after the date
of Seller’s quotation or acceptance of the order for
the Goods/Services, whichever is delivered first,
provided an unconditional, complete authorization
for the immediate manufacture and shipment of
the Goods and/or provision of Services pursuant
to Seller’s standard order processing procedures
is received and accepted by Seller within such
time period. If such authorization is not received
by Seller within such thirty (30) day period, Seller
shall exercise the right to change the price for the
Goods/Services to Seller’s price in effect for the
Goods/Services at the time the order is released
to final manufacture. Notwithstanding any of the
foregoing to the contrary, the price for
Goods/Services sold by Seller, but manufactured
by others, shall be Seller’s price in effect at the
time of shipment to Buyer.
2. DELIVERY, PASSING OF RISK, RETENTION OF
TITLE, AND DOCUMENTATION: All shipping dates
are approximate and are based upon Seller’s
prompt receipt of all necessary information from
Buyer to properly process the order. Any agreed
trade term shall be construed in accordance with
the INCOTERMS® in force at the formulation of
the contract. If no trade term has been specifically
agreed, the delivery shall be F.O.B. Brodie Factory,
FCA Brodie Factory, or EXWORKS Brodie Factory.
Notwithstanding, any provisions to the contrary in
this or other documents related to this transaction,
the passing of risk of loss thereto shall transfer
to Buyer upon delivery to the first freight carrier
at the shipping point. The Goods shall remain the
property of the Seller until paid for in full to the
extent that such retention of title is valid under the
relevant law. The retention of title shall not affect
the passing of risk. The Seller shall provide Buyer
with that data/documentation which is
specifically identified in the contract. If additional
copies of data / documentation or non-standard
data/documentation are to be provided by Seller,
they shall be provided to Buyer at Seller’s price
then in effect.
3. EXCUSE OF PERFORMANCE: Seller shall not be
liable for delays in performance or for
non-performance due to acts of God, war, riot,
fire, labor trouble, unavailability of materials or
components, explosion, accident, compliance with
governmental requests, laws, regulations, orders
or actions, or other unforeseen circumstances or
causes beyond Seller’s reasonable control.
4. CHANGE, CANCELLATION AND RESTOCKING
CHARGES: Once an order has been acknowledged
by the Seller, any changes requested by the Buyer
must be communicated to the Seller. The Seller
will notify the Buyer of any fees associated with
the requested change. Buyer may terminate or
suspend its non-shipped order for any or all of the
Goods/Services covered by the Agreement,
provided that Buyer gives Seller reasonable
advance written notice of such termination or
suspension and reimburses Seller accordingly:
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