TERMS OF PAYMENT
Terms of payment are as specified in the quotation. If terms of
payment are not specifically stated to be otherwise, they are net thirty
(30) days from the date of shipment.
PRICES
Prices are firm for thirty (30) days unless stated otherwise.
Prices do not include any Federal, State or local sales or use taxes or
insurance which may apply to sale.
All prices are F.O.B. Norcross Georgia.
Typographical and stenographic errors are subject to correction.
DELIVERY
All shipping dates are tentative based on current equipment
availability. Murzan, Inc. is not responsible for damages or losses
due to delays for any cause.
CHANGES
Notice the changes in orders must be made and confirmed in writing.
INSPECTION OF EQUIPMENT
Upon arrival of the equipment at the customer's facilities, or at any
other place at which the customer has ordered the equipment
delivered in accordance with the order, the customer shall
immediately inspect the equipment and shall give written notice to
Murzan, Inc. within five days after arrival of the equipment of any
claim that the equipment does not conform with the specifications or
the terms of the order.
RETURNS
Orders accepted by the customer cannot be returned without prior
written consent from an authorized individual of Murzan, Inc. and a
Returned Goods Number, and will be subject to 25% Restocking
Charge. Shipping charges on authorized returns are to be prepaid by
the Customer unless otherwise specified.
CANCELLATIONS
In the event this quotation results in an order which is canceled or
terminated by the customer, the customer agrees to pay to Murzan,
Inc. an amount in cash equal to 20% of the total price of the order or
contract, plus the actual cost of labor, materials, overhead and related
direct costs and expenses incurred by Murzan, Inc. in connection with
the order, it being impossible to ascertain or estimate the entire or
exact cost, damage or injury which Murzan, Inc. may sustain by
reasons of cancellation, and such sum is agreed to as reasonable
compensation and not as a penalty.
LIMIT OF LIABILITY
Murzan, Inc. is not liable or responsible for any loss, damage, injury
to person or property or any direct or consequential damage arising
from sale, installation, or use of this equipment.
Murzan, Inc. shall not be held liable for any losses or damages to the
customer resulting from the improper operation, care or cleaning of
this equipment.
Murzan, Inc. is not liable for any damage to process or product due to
failure of the equipment.
TITLE
In the event the customer fails to pay as agreed in the purchase
contract, Murzan, Inc. shall have the right to immediate possession of
the property the premises where the property may be located and
remove same
ASSIGNABILITY
The customer may not assign any of its rights or obligations under the
order without the prior express written consent of Murzan, Inc.
WARRANTY
Murzan warrants to the original purchaser that equipment of Murzan
manufacturing is free from defects in material and workmanship for a
period of one (1) year from date of shipment.
Murzan guarantees to repair or replace F.O.B. Murzan, Inc., any such
equipment found to be defective, provided written notice of the
alleged defect is received within one year from date of shipment.
EXCLUDED FROM THE FOREGOING GUARANTEE ARE
DAMAGES CAUSED BY ORDINARY WEAR AND TEAR,
EROSION AND CORROSION, OR BY MISUSE, ABUSE OR
IMPROPER HANDLING BY THE PURCHASER OR ANY THIRD
PARTY.
MURZAN, INC. MAKES NO ADDITIONAL WARRANTIES,
EXPRESSED OR IMPLIED, WHETHER OF
MERCHANTABILITY, FITNESS FOR PURPOSE, OR
OTHERWISE, OTHER THAN THAT STATED ABOVE.
MURZAN, INC. SHALL NOT BE RESPONSIBLE FOR ANY
INDIRECT SPECIAL OR CONSEQUENTIAL DAMAGES, NOR
FOR ANY OTHER CLAIMS ARISING OUT OF THE SALE OR
USE OF ITS EQUIPMENT, BEYOND THE REMEDY STATED
ABOVE.
Equipment, parts or accessories manufactured by others carry the
guarantee of the manufacturer only. Any warranties or claims which
differ from the foregoing are unauthorized by Murzan, Inc. and
become the warranty safety of the party making them, unless
specifically authorized in writing by an officer of Murzan, Inc.
Should any provision of the foregoing be held ineffective, the
remaining provisions shall continue in full force and effect.
EXCLUSIONS AND OPTIONS
Installation, rigging, mounting, erection, electrical and pneumatic
installation, and startup are not included unless specifically stated
otherwise in the quotation.
Supervisory assistance is available for installation, erection, or startup
at current Murzan, Inc. rates, plus all travel and living expenses.
RISK OF LOSS
Murzan, Inc. shall not be liable for damages arising from its failure to
make or delay in making delivery because of fire, flood, strikes, riots,
embargoes on freight of any government, accidents, insurrections,
lockouts, breakdown of machinery, loss or damage of goods in
transit, Acts of God, or any other circumstances or unavoidable cause
beyond the control of Murzan, Inc. In no case shall Murzan, Inc. be
responsible for any liability, loss or damage after delivery of the
equipment in good order and condition to the carrier or carriers at any
point of shipment.
GENERAL
These terms and conditions of sale cannot be supplemented or altered
by any language contained in any purchase order or other customer's
document unless accepted in writing by Murzan, Inc.
The sale shall be governed by, constructed and interpreted in
accordance with, the laws of the State of Georgia, USA, and the
buyer hereby submits to the non-exclusive jurisdiction of the courts of
Georgia., and waives any objection due to the lack of jurisdiction.
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