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PUMPER
PARTS LIMITED WARRANTY
TERMS AND CONDITIONS OF PURCHASE OF PRODUCT FROM PUMPER PARTS
LLC USING THIS SITE ("TERMS OF PURCHASE")
LIMITED WARRANTY
Pumper Parts' products sold as a replacement for original equipment
manufacturer's ("OEM") product are warranted to the
original purchaser to the same extent and time period as such
identical OEM parts are warranted by the OEM (for the same applications
as intended by the OEM) by Pumper Parts against defects in workmanship
or materials, unless otherwise stated. Provided, however, that
in no event are any Pumper Parts products warranted against
failure due to normal wear, misapplication, misuse, abuse or
modifications not in compliance with this Agreement and any
such warranty whether express or implied is expressly excluded
and disclaimed.
PUMPER PARTS DOES NOT GUARANTEE THE SUITABILITY OF ANY REPLACEMENT
PART FOR A PARTICULAR APPLICATION AND PUMPER PARTS SHALL NOT
BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OR EXPENSE
(INCLUDING WITHOUT LIMITATION LOSS OF PROFITS) ARISING FROM
A BREACH OF THE FOREGOING WARRANTY OR THE USE OR MISUSE OF ITS
PRODUCTS. PUMPER PARTS' RESPONSIBILITY TO THE PURCHASER OF PUMPER
PARTS' REPLACEMENT PARTS ARE LIMITED SOLELY TO THE REPLACEMENT
OR REPAIR AT PUMPER PARTS' OPTION OF DEFECTIVE PUMPER PARTS'
REPLACEMENT PARTS DETERMINED IN PUMPER PARTS SOLE DISCRETION
TO BE DEFECTIVE AND PROVIDED THE PURCHASER COMPLIES WITH ALL
PUMPER PARTS REQUESTS AND PROCEDURES FOR RETURN OF THE ALLEGEDLY
DEFECTIVE PART FOR INSPECTION BY PUMPER PARTS.
All decisions as to the cause of failure of any part are within
the sole determination of Pumper Parts.
Prior approval must be obtained from Pumper Parts for return
of any item for warranty consideration. A returned goods authorization
number obtained from Pumper Parts factory must be included with
the items which must be shipped by purchaser to Pumper Parts
with freight prepaid. In addition, all used parts must be cleaned
thoroughly and all chemicals neutralized. It greatly simplifies
and expedites matters if the allegedly "defective"
area is marked or identified in some manner by the purchaser.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED (WHETHER WRITTEN OR ORAL), INCLUDING
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE.
NO DISTRIBUTOR OR OTHER PERSON IS AUTHORIZED TO ASSUME ANY LIABILITY
OR OBLIGATION FOR PUMPER PARTS OTHER THAN EXPRESSLY PROVIDED
HEREIN. PUMPER PARTS' DISTRIBUTORS ARE NOT AUTHORIZED TO MAKE
ANY WARRANTIES WHICH ARE IN ADDITION TO, OR IN CONFLICT WITH,
THE WARRANTY SET FORTH ABOVE WITH RESPECT TO ANY PUMPER PARTS
PRODUCTS OR PARTS.
WARRANTY DISCLAIMER
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER
THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS
MADE OR AUTHORIZED BY PUMPER PARTS. PUMPER PARTS DISCLAIMS ANY
LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT
MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY
DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS
ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. PUMPER PARTS
DISCLAIMS THE SELLER'S WARRANTY OF TITLE AND AGAINST INFRINGEMENT.
LIMITATION OF LIABILITY
In connection with parts purchased from Pumper Parts; liability
is expressly limited to, and shall in no event exceed, the purchase
price paid for the same. Under no circumstances, including but
not limited to, Pumper Parts negligence (whether in design,
manufacturing or handling) shall Pumper Parts be liable to purchasers
or any party for any indirect, special, incidental or consequential
damages, including but not limited to lost profit, arising out
of the use, or the inability to use, the products purchased
from Pumper Parts. This limitation applies even if Pumper Parts
has been advised of the possibility of such damages.
PROMPT DISPOSITION
Pumper Parts will correct or otherwise make adjustment with
respect to any part or product which proves within the warranty
period to be defective. Before returning any product or part,
you must first write or call the Pumper Parts location from
which the product was purchased, giving date and number of original
invoice, and describing the alleged defect. With regard to returned
parts and products, title and risk of loss remains with you
on your delivery to the common carrier.
ORDER ACCEPTANCE
Due in part to the open nature of the Internet and the potential
for errors in the transmission and storage of digital information,
Pumper Parts cannot be obligated to have accepted any order
until it issues a Notice or Order Confirmation. Therefore, communications
from prospective purchasers are deemed and agreed to be merely
offers to purchase goods from Pumper Parts through this Site
which offers are deemed accepted only after Pumper Parts issues,
to such prospective purchaser, a Notice of Order Confirmation
which shall be conditioned upon such prospective purchaser's
acceptance of Pumper Parts' standard terms as set forth below
and/or as otherwise provided in the Notice of Order Confirmation.
The Notice of Order Confirmation shall be provided by Pumper
Parts by way of e-mail.
PRODUCT SUITABILITY
Many states and localities have codes and regulations governing
sales, construction, installation, and/or uses of products for
certain purposes, which may vary from those in neighboring areas.
While Pumper Parts attempts to assure that its products comply
with such codes, it cannot guarantee compliance, and cannot
be responsible for how the product is installed or used. Before
purchase and use of a product, please review the product application,
and national and local codes and regulations, and be sure that
the product, installation, and use will comply with them.
DELIVERY
Pumper Parts shall make every reasonable effort to timely ship
orders in compliance with delivery dates requested by the Purchaser
at the time of purchase. However, situations may arise which
may cause delays in the delivery schedule. Therefore, unless
explicitly provided in a written agreement between the parties,
precise delivery dates are NOT material to the Agreement and
Pumper Parts assumes no liability for failure to ship ordered
product by a Purchaser's desired or required ship date.
FORCE MAJEURE
Pumper Parts shall not be liable for any delay in or impairment
of performance resulting in whole or in part from Acts of God,
severe weather conditions, labor disruptions, governmental decrees
or controls, insurrections, war risks, shortages, inability
to procure or ship products or obtain permits and licenses,
supplies or raw materials, or any other circumstances or causes
beyond the control of Pumper Parts in the conduct of its business.
CANCELLATION
Any order cancellation must be approved by Pumper Parts, and
may be subject to restocking and other charges that may be established
by Pumper Parts from time to time.
ASSIGNMENT
Purchaser shall not assign any order or any interest therein
without first obtaining the prior written consent of Pumper
Parts. Any actual or attempted assignment without Pumper Parts'
prior written consent shall entitle Pumper Parts within its
sole discretion to immediately cancel such order without liability
to Pumper Parts.
MODIFICATION OF TERMS
Pumper Parts' acceptance of any order is subject to the assent
by such party placing an order to all of the terms and conditions
set forth in Pumper Parts' acknowledgment and/or Notice of Order
Confirmation, and the party's assent to such terms and conditions
shall be presumed from the party's failure to object to Pumper
Parts' acknowledgment prior to the party's acceptance of all
or any part of the goods or services ordered. All other contrary
terms and conditions that may be asserted are expressly rejected,
and no addition or modification of terms and conditions shall
be binding upon Pumper Parts unless specifically agreed to by
Pumper Parts in writing.
COMPLETE AGREEMENT
The terms and conditions in Pumper Parts' Terms of Access, Terms
of Purchase, forms, acknowledgments, quotations, invoices and
catalog sales terms and conditions, as may be amended from time
to time, and are incorporated herein by reference and constitute
the entire and exclusive agreement between Purchaser and Pumper
Parts.
SEPARABILITY
If any provision of these terms of purchase shall be deemed
illegal or unenforceable, such illegality or enforceability
shall not affect the validity and enforceability of any other
legal provisions hereof which together shall then be construed
as if such illegal and unenforceable provision or provisions
had not been inserted herein, unless such illegality or unenforceability
shall destroy the underlying business purpose of these Terms
of Purchase.
CROSS-REFERENCE INFORMATION
Product cross-reference comparisons to original equipment manufacturer
parts that may appear in the information provided at this Site
does not imply that all Pumper Parts products compared are available,
or in the case of functional equivalency, that performance and
other characteristics are perfectly comparable. For critical
applications, it is your obligation and responsibility to carefully
confirm that the replacement parts you have ordered from Pumper
Parts are the correct replacement parts for your original equipment
manufacturer's pump and pumping application prior to purchase,
installation and use of any products provided by Pumper Parts
and Pumper Parts assumes no liability for your failure to do
so.
DOMESTIC ORDERS:
SALES POLICY WHOLESALE ONLY
Pumper Parts sells replacement parts for air operated double
diaphragm pumps on a wholesale basis. Possession of our wholesale
catalog does not constitute the right to purchase from Pumper
Parts.
PRICES SUBJECT TO CHANGE
Prices herein are subject to change without notice.
QUOTATIONS
Quotations on large quantities are available on request. Contact
your Pumper Parts Account Manager or local Pumper Parts distributor.
SALES TAX
Pumper Parts is required to charge state and local tax on items
for which sales tax exemption certification has not been provided.
When ordering please indicate clearly which items are tax exempt.
PAYMENT TERMS
For Purchasers with established credit, terms are net thirty
(30) days from date of shipment. If credit is not established,
please include payment with order or purchase through Visa or
MasterCard. Cash or anticipation discounts are not allowed.
All payments must be in U.S. dollars.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied
within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED
WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO
CANCELLATION, AND PUMPER PARTS SHALL HAVE NO FURTHER LIABILITY.
FREIGHT POLICY
All shipments are F.O.B. Pumper Parts' Mansfield, Ohio
location. Title and risk of loss pass to Purchaser on delivery
to the common carrier. If product was damaged in transit, recipient
must file claim with carrier.
APPLICABLE LAW
These terms and conditions shall be construed, interpreted and
performed exclusively according to the laws, excluding conflict
of law rules of the State of Pennsylvania, United States of
America. The provisions of the Uniform Commercial Code as adopted
by the State of Pennsylvania, and not the United Nations Convention
on Contracts for the International Sale of Goods shall apply.
DISPUTE RESOLUTION
Actions by Pumper Parts for nonpayment by the Purchaser of the
purchase price for products sold by Pumper Parts, or for redress
of other breaches by the Purchaser of the Terms and Conditions
of Sale, may be brought by Pumper Parts, at its option, before
any judicial court of competent jurisdiction. At Pumper Parts'
option, disputes between the Purchaser and Pumper Parts, including
all claims of non-performance by Pumper Parts, and any other
disputes arising under this Agreement requiring a court of law
or equity shall be decided by state or federal courts having
venue within the State of Pennsylvania.
ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:
EXPORT SALES TERMS AND CONDITIONS
ORDER ACCEPTANCE
It is acknowledged that no order shall be deemed accepted unless
and until it is verified and accepted by Pumper Parts in a continental
United States facility. Purchaser further consents that submission
of its order shall subject Purchaser to the jurisdiction of
the courts of the United States and the state of acceptance
and the courts having venue in the State of Pennsylvania without
regard to the state of acceptance.
SALES TAX
Pumper Parts is required to charge national, state and local
sales tax on all purchased items for which a U.S. Purchaser
sales tax exemption certification is not on file.
PAYMENT TERMS
Unless otherwise agreed, all export sales are made on condition
that Purchaser make payment by cash or credit card at the time
of order, that Purchaser open an irrevocable letter of credit
in favor of Pumper Parts prior to shipment payable by sight
draft drawn against such letter of credit, or that Purchaser
establish satisfactory credit with Pumper Parts prior to shipment.
For Purchaser's with established credit, terms are net thirty
(30) days from date of shipment. At Pumper Parts' option, export
orders may be subject to special export payment terms and quotations.
Cash or anticipation discounts are not allowed. All payments
must be in U.S. dollars, and Pumper Parts shall have the right
to set-off and deduction for all sums owed. If an open account
Purchaser fails to make full payment within thirty (30) days
from date of shipment, Pumper Parts may defer shipment of other
orders, or cancel all or any part of any unshipped order until
such payment is made.
CREDIT BALANCE
Purchaser agrees that any credit balances issued will be applied
within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED
WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO
CANCELLATION, AND PUMPER PARTS SHALL HAVE NO FURTHER LIABILITY.
FREIGHT POLICY
Unless varied herein, shipping terms are Ex-Works (as defined
by International Chamber of Commerce Terms) from Pumper Parts'
Mansfield, Ohio location. Purchaser shall be responsible
for obtaining insurance. At Pumper Parts' option, the freight
policy for export orders may be subject to special terms and
conditions. Title and risk of loss shall pass to Purchaser on
delivery to the common carrier or vessel in the United States.
If product is damaged in transit, Purchaser must file claim
exclusively with carrier, vessel and/or insurance company.
COUNTRY OF IMPORTATION
Purchaser represents that it is purchasing the products for
the purpose of exporting them from the United States and importing
them to the country specified in Purchaser's purchase order.
Purchaser agrees that the products will be shipped to that destination
in compliance with the laws of such country, and that there
will be no reexport or diversion. If requested by Pumper Parts,
Purchaser shall provide documentation satisfactory to Pumper
Parts verifying delivery at the designated port of entry.
EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER
Notwithstanding anything contained herein and unless expressly
agreed, Purchaser shall be responsible for obtaining and paying
for any permits, licenses, or other governmental authorization(s)
necessary for the exportation or importation of the products
from the country of exportation into the designated country
of importation, and it shall comply with all laws and regulations
thereof. Purchaser shall select and pay the freight forwarder
who shall solely be the Purchaser's agent. The freight forwarder's
actions shall not be deemed authorized by, or binding upon Pumper
Parts.
FOREIGN CORRUPT PRACTICES ACT
Purchaser acknowledges that it is not the agent of Pumper Parts
and represents and warrants that it has not and covenants that
it will not pay anything of value to any government employee
in connection with the resale of the products.
APPLICABLE LAW
These terms and conditions shall be construed, interpreted and
performed exclusively according to the laws, excluding conflict
of law rules of the State of Pennsylvania, United States of
America. The provisions of the Uniform Commercial Code as adopted
by the State of Pennsylvania, and not the United Nations Convention
on Contracts for the International Sale of Goods shall apply.
DISPUTE RESOLUTION
Actions by Pumper Parts for nonpayment by the Purchaser of the
purchase price for products sold by Pumper Parts, or for redress
of other breaches by the Purchaser of the Terms and Conditions
of Sale, may be brought by Pumper Parts, at its option, before
any judicial court of competent jurisdiction. At Pumper Parts'
option, disputes between the Purchaser and Pumper Parts, including
all claims of non-performance by Pumper Parts, and any other
disputes arising under this Agreement requiring a court of law
or equity shall be decided by state or federal courts having
venue within the State of Pennsylvania.
238386_1.W.D.
Viewing of this page is subject to the terms and conditions
set forth in the Terms of Access and the Terms of Purchase
Pumper Parts and the Pumper Parts logo are registered trademarks
and service marks of Pumper Parts LLC. |
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