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See either Standard Quotation and Sales Conditions or Standard Warranty.
Standard Quotation and Sales Conditions
GENERAL
Any Terms on Buyer’s order forms at variance with or additional to these Conditions of Sale shall not apply unless explicitly agreed in writing by us.
1. All customer purchase orders shall be subject to acceptance and approval by AMETEK Land, Inc. (hereinafter
referred to as LAND) at its home office as to price, quantity, warranty, delivery and any other conditions not herein set forth.
Orders will be accepted only on the terms and conditions herein set forth, unless any modifying, conflicting, or additive terms or
conditions on the customer's purchase order were specifically included in the original customer inquiry and were shown in the resulting LAND quotation and sales order.
2. Orders accepted by LAND shall not be subject to cancellation except by written notice to LAND and on terms that will indemnify LAND for labor and material charges on all work in process or completed on the order.
3. All specifications and prices shall be subject to correction by LAND for clerical or typographical errors.
4. Quoted prices do not include the amount or amounts of any taxes or other governmental charges on the products offered by this quotation or upon their production, sale, and/or shipment and these amounts shall be paid by the purchaser.
5. All claims for shortage or incorrect material must be made in writing within ten days after receipt of material.
6. All products are shipped at purchaser's risk and LAND assumes no liability for damage or loss in transit. All claims to recover such loss or damage must be filed by the purchaser.
7. All shipping schedule dates are approximate and LAND shall not be subject to penalty or cancellation for any delays caused by nonreceipt from customer of information necessary for the completion of this order.
Orders shall not be subject to penalty or cancellation for delays in manufacture or shipment arising from causes beyond reasonable control of LAND, such as acts of God, fire, explosion, war, riot, labor disputes and strikes, and governmental laws, orders or regulations, etc.
8. LAND assumes no liability for consequential damage of any kind and the purchaser, by acceptance of the equipment, assumes all liability for the consequences of its use or misuse by the purchaser, his employees, or others.
9. LAND hereby indemnifies and holds harmless purchaser from and against any claims, actions, or demands alleging that the LAND product supplied hereunder (hereinafter "Product") infringes any patent, trademark, copyright, or trade secret right of any third party. Purchaser shall permit LAND to replace or modify any
affected Product so to avoid infringement, or to procure the right for purchaser to continue use of such items, if LAND in its sole discretion chooses to do so. If not, the infringing items shall be returned to LAND by purchaser and LAND's sole liability shall be to refund amounts paid therefor by purchaser.
LAND shall have no obligation hereunder for or with respect to claims, actions, or demands alleging infringement that arise by reason of the combination of the Product with any items not supplied by LAND.
The foregoing indemnity shall not apply to claims, demands, or actions arising from alterations or additions to the Product made by or on behalf of purchaser. Moreover, the foregoing indemnity is conditioned on purchaser
(1) providing prompt written notice of any claim, action, or demand for which indemnity is claimed to LAND;
(2) giving complete control of the defense and settlement thereof to LAND; and
(3) providing reasonable cooperation with LAND in such defense, but at the sole cost and expense of LAND.
10. A twenty percent (20%) of net price minimum restocking charge applies for all returned stock items in like new condition and within 30 days after shipment. Non-stock and modified stock items are not returnable.
11. One copy of instructions covering installation, operation and maintenance will be supplied for each instrument, unless otherwise specified in the original customer inquiry.
12. Quoted prices do not include supervision or work of installation of LAND equipment or inspection or service calls while in operation.
13. The interpretation of this quotation, or of any contract of sale arising out of this quotation, and the rights and duties of the parties thereto, shall be governed by the laws of the Commonwealth of Pennsylvania.
Standard Warranty
AMETEK Land, Inc. (hereinafter referred to as LAND)
warrants all products of its own manufacture to be within specified
limits of calibration, when applicable, and to be free of defects in
material or workmanship, under normal use and service for one year
from date of shipment. Batteries, detectors and expendable parts are
not included in the warranty.
LAND guarantees to repair any defective workmanship and to repair or
to replace at its own option any defective parts in any product of its
manufacture, provided examination upon receipt by LAND discloses
that any improper operation is the result of defective material or
workmanship and is not the result of improper use or accident.
Products may be returned under the terms of the warranty only after
written authorization has been obtained from LAND and if the product is
returned to the factory properly packed and with transportation charges
prepaid within one year from date or original shipment from LAND.
When you contact LAND we will issue a Return Authorization Number
for you to include with your return. You must ship the product to LAND
within five days of the date that LAND issues
the Return Authorization Number. You must return the product(s) to
us in their original or equivalent packaging, prepay shipping charges,
and insure the shipment or accept the risk if the product is lost or
damaged in shipment. If we determine that the problem is not covered
under this warranty, we will notify you and inform you of service
alternatives that are available to you on a fee basis.
Equipment or components purchased by LAND from other
manufacturers and used with or included in LAND equipment bear only
the warranty of the original manufacturer.
Thermocouples, resistance bulbs, protection tubes, and thermocouple
or extension wire are covered by the above warranty, but because of
severity of service conditions cannot be replaced unless returned
unused.
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