| THE PROVISIONS OF ANY SALES AGREEMENT OR DISTRIBUTOR AGREEMENT EXISTING BETWEEN THE PARTIES HERETO ARE INCORPORATED HEREIN. THE PROVISIONS OF THIS WEBSITE TERMS AND CONDITIONS SHALL GOVERN THE TERMS OF THIS SALE. |
| 1. |
Price subject to change without notice. Merchandise invoiced at prices in effect on date of shipment. |
| 2. |
All merchandise is sold FOB Littleton, Colorado, or shipping point if other than Littleton, Colorado. Unless otherwise specified, transportation shall be paid by the Buyer. |
| 3. |
Orders cannot be canceled or amended except with IMI NORGREN's consent. Cancellation charges may be applied at IMI NORGREN's discretion. |
| 4. |
IMI NORGREN shall not be liable for any failure to perform this agreement when such failure is due to circumstances beyond its control, occurring either at its factory or at its source of supply. Circumstances beyond the control of IMI NORGREN shall be deemed to include but shall not be limited to acts of God, fire, flood, war, Governmental action, accidents, labor trouble, and inability to obtain materials, equipment or transportation. |
| 5. |
No statement or recommendations made or assistance given by a representative and/or distributor of IMI NORGREN to the Buyer or its representatives in connection with the use of any product by the Buyer shall constitute a waiver by IMI NORGREN of any of the provisions hereof, or affect IMI NORGREN's liability as herein defined. |
| 6. |
The Buyer's receipt of this acknowledgment of its purchase order without protest or objection in writing thereto, shall constitute an acceptance by the Buyer of all the terms and conditions set forth herein. All orders or contracts are accepted and executed by IMI NORGREN at its office and shall be construed according to the laws of the State of Colorado. |
| 7. |
No merchandise shall be returned to IMI NORGREN without the prior written authorization by IMI NORGREN to the Buyer to make such returns. Returned material is subject to a minimum of 20% handling charge. |
| 8. |
Except as to claims arising out of breach of warranties, the provisions for which are contained in and controlled by paragraph 11 hereof, no claim of any nature whatsoever, whether relating to material delivered, or the failure to deliver the same, shall exceed the contract price of the materials concerning which such claim is made. Further, in no event shall IMI NORGREN be liable or responsible for any incidental or consequential damages. Buyer's failure to give written notice of a claim within five days from date of delivery shall constitute a waiver by the Buyer of any and all claims in respect of such materials. |
| 9. |
The obligation of IMI NORGREN to deliver materials shall be deemed fulfilled when it has delivered same in good condition to carrier at shipping point, the carrier acting as agent for the Buyer. A clear receipt from the carrier places the responsibility for shortage and/or damage with the carrier. |
| 10. |
The merchandise described herein was produced in compliance with requirements of the Fair Labor Standards Act of 1938, as amended. |
| 11. |
ITEMS SOLD BY IMI NORGREN ARE WARRANTED TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE YEAR FROM THE DATE OF INVOICE WHEN USED ACORDING TO MANUFACTURER'S RECOMMENDED USAGES. IMI NORGREN'S LIABILITY IS LIMITED TO THE REPAIR OF OR REPLACEMENT IN KIND, AT IMI NORGREN'S OPTION, OF ANY ITEMS PROVED DEFECTIVE, PROVIDED THE ALLEGEDLY DEFECTIVE ITEMS ARE RETURNED TO IMI NORGREN PREPAID. THE WARRANTY EXPRESSED ABOVE IS IN LIEU OF AND EXCLUSIVE OF ALL OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS STATED HEREIN. THERE ARE NO IMPLIED WARANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE SPECIFICALLY DISCLAIMED. IMI NORGREN'S LIABILITY FOR BREACH OF WARRANTY AS HEREIN STATED IS THE EXCLUSIVE REMEDY AND IN NO EVENT SHALL IMI NORGREN BE LIABLE OR RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THE POSSIBILITY OF SUCH INCIDENTAL OR CONSEQUENTIAL DAMAGES HAS BEEN MADE KNOWN TO IMI NORGREN. |
| 12. |
This agreement constitutes the entire contract of sale and purchase between the parties hereto for the merchandise specified herein. It shall not be altered or amended, nor its terms waived, except by an instrument in writing, signed by the party to be bound thereby: in this connection, it is understood that the acceptance or acknowledgment of Purchase Order forms containing provisions different from those of this agreement, shall not affect any modifications hereof. |
| 13. |
COPYRIGHT Copyright © 1999 - 2000 IMI Norgren Inc.. All rights reserved. The content of this website may not be copied, replaced, distributed, published, displayed, transferred or modified in any form or by any means without the express written, prior permission of IMI Norgren Inc. |