EAST\44038770.3
KMT Waterjet Systems Inc. (LD-162) 07-2009
Terms and Conditions
Part Sales
1. General
The Terms of Conditions outlined herein shall apply to the
sales of parts by KMT Waterjet Systems (hereinafter referred to as
Company.) No additional or contrary terms shall be binding upon
the Company unless agreed to in writing.
2. Schedule Dates and Delays
Schedule dates are approximate and neither party shall be
liable for loss, damage, detention, or delay due to war, riots, civil or
military authority including governmental laws, orders, priorities or
regulations, acts of the other party, embargo, car shortage, wrecks
or delay in transportation, inability to obtain necessary labor,
materials or manufacturing facilities from usual sources, faulty
forgings or castings, or other causes beyond the reasonable control
of such party.
3. Taxes
The prices provided for herein do not include any present or
future Federal, State, Municipal sales, use, excise, gross receipts,
property, or other similar type tax with respect to any material or
equipment covered hereby. If the Company is required by
applicable law or regulation to pay or collect any such type tax or
taxes on account of this transaction or the material or equipment
covered hereby, then such amount of tax shall be paid by the
Purchaser in addition to the prices herein provided for.
4. Warranty and Shipping
The Company warrants that parts manufactured by it will be as
specified and will be free from defects in materials and
workmanship. The Company’s liability under this warranty shall
be limited to the repair or replacement of any part, and the
Company shall pay for standard shipping costs of any such
replacement part to the Purchaser’s place of business via UPS
Ground, provided the Purchaser notifies the Company in writing of
any such defect promptly upon discovery, but in no event later than
six (6) months from the date of shipment of such part by the
Company. Should the Purchaser request special shipping
instruction such as exclusive use of shipping facilities, including air
freight when common carrier has been quoted and before a change
to the order is received by the Company, the additional charges will
be honored by Purchaser.
Warranties applicable to material and equipment supplied by
the Company but wholly manufactured by others shall be limited to
the warranties extended to the Company by the manufacturer which
are able to be conveyed to the Purchaser.
The Company makes no performance warranty and the effects
of corrosion, erosion and normal wear and tear are specifically
excluded from the Company’s warranty.
THE COMPANY MAKES NO OTHER WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER,
EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE, AND
ALL IMPLIED WARRANTIES, INCLUDING ANY
WARRANTY OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
5. Limitation of Liability
The remedies of the Purchaser set forth herein are exclusive,
and the liability of the Company with respect to this order shall not
exceed the purchase price of the part upon which such liability is
based.
The Company and its suppliers shall in no event be liable to
the Purchaser, any successors in interest or any beneficiary of this
order for any consequential, incidental, indirect, special or punitive
damages arising out of this order or any breach thereof, whether
based upon loss of use, lost profits or revenue interest, lost
goodwill, work stoppage, impairment of other goods, loss by reason
of shutdown or non-operation, increased expenses of operation,
cost of purchase of replacement power or claims of Purchaser or
customers of Purchaser for service interruption, whether or not such
loss or damage is based on contract, warranty, negligence,
indemnity, strict liability or otherwise.
6. Nuclear Liability
In the event that the parts sold hereunder are to be used in a
nuclear facility the Purchaser shall, prior to such use, arrange for
insurance or governmental indemnity, protecting the Company
against liability and hereby suppliers for any nuclear damage,
including loss of use, in any manner arising out of a nuclear
incident, whether alleged to be due in whole or in part to the
negligence or otherwise of the Company or its suppliers.
7. Export Control
The Company’s products are U.S. origin items and subject to
U.S. export control laws, including the Export Administration
Regulations. Customer agrees that it will comply with U.S. export
control laws and will not export, re-export, transfer, re-transfer,
sell, re-sell, otherwise divert Company products contrary to U.S.
law. Customer further agrees that it will obtain all required export
licenses.
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