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| Terms
and Conditions |
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Limitation
of Liability |
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All
remedies with respect to any product or part sold by
Seaga Manufacturing, Inc. shall be limited exclusively
to the right to replacement or repair F.O.B. Freeport,
Illinois USA, as provided. In no event shall Seaga Manufacturing,
Inc. be liable for consequential or special damages
of any nature which may arise in connection with such
product or part. The term consequential is expressly
intended, but not limited to mean those damages that
are not immediately foreseeable to seaga Manufacturing,
Inc. such as damage claims involving labor charges for
removal or installation of said product or part, loss
of stored product, lost sales, lost orders, lost profits,
lost income either gross or net allegedly attributed
either directly or indirectly to failure or non-performance
of Seaga Manufacturing, Inc. equipment. |
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Seaga
Manufacturing, Inc. Terms of Sale |
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| 1. |
Prices - Specifications |
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Published
prices and specifications are subject to change
without notice. Price sheets are not quotations
or offers to sell on the part of the company. |
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| 2. |
Terms of Payment |
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Prepaid
For buyers who have established credit, payment
will be expected within terms. In the event that
Seaga Manufacturing, Inc. is required to institute
legal action to collect amounts owing by the customer,
the above signed, in his/her capacity as an authorized
agent, incurred by Seaga Manufacturing, Inc. in
collecting said amounts. Furthermore, it is agreed
that interest on the outstanding payment amount
will be at the rate of eighteen percent (18%)
per annum on all past due invoices.
A deposit is
required on special made-to-order products, and
cancellations of such orders cannot be accepted.
Pro-rata
payments shall become due as shipments are made.
If shipments are delayed by the buyer, date of
readiness for shipment will be deemed date of
shipment for payment purposes. If manufacturer
is delayed by buyer, payment will be made on basis
of purchased price and percentage of completion,
the balance payable in accordance with terms stated.
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| 3. |
Orders |
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All orders
must be in writing or electronically transmitted.
Orders are accepted subject to fires, strikes,
accidents and other causes beyond our reasonable
control. Acceptance of your order is conditioned
upon an agreement to hold us harmless by reason
of delivery delays.
Confirmation
of verbal or electronically transmitted orders
should be so marked – otherwise they may
pass as originals and be shipped and billed as
such.
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| 4. |
Shipping |
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All
equipment is shipped F.O.B. factory, Freeport,
Illinois USA, and the title of merchandise passes
to the buyer upon delivery of the goods to the
carrier, and consequently, we are not responsible
for any loss or damage to shipment after delivery
to the carrier. All parts are shipped prepaid
and add. |
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| 5. |
Receipt of Shipment |
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Buyer should
examine products before signing transportation
receipt. If products are received in damaged condition,
buyer should insist that the carrier itemize damage
on the freight bill. Immediately thereafter buyer
should file damage claim. If shortages occur,
buyer should notify Seaga Manufacturing, Inc.
immediately, as shortage claims cannot be considered
unless made in writing within 10 days, after receipt
of shipment. |
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| 6. |
Return Material |
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Do not return
any material without first obtaining a return
material authorization form. Unless this form
has been completed and accompanies the shipment,
we will not be responsible for disposition of
returned materials. Credit for any returns is
subject to inspection and handling charges. |
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| 7. |
Cancellations |
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Cancellation
of orders if agreed to by us, carry a factory
cancellation charge. We will endeavor to ship
within the estimated time, but failure to do so
shall not be cause for cancellation. |
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| 8. |
Product Changes |
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We reserve
the right to change or revise specifications and
product design in connection with any feature
of our products. Such changes do not entitle the
buyer to corresponding changes, improvements,
additions or replacements for equipment previously
sold or shipped. |
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