These terms and conditions shall control with respect to any and all purchase orders or sales of Fivalco products. No alteration, modification or waiver of these terms and conditions whether on the customer’s purchase order or otherwise shall be valid unless the alteration, modification, or waiver is specially accepted in writing by an authorized representative of Fivalco, Inc.
All orders are quoted F.O.B. shipping point unless otherwise agreed upon in writing. Orders accepted are subject to approval by our Head Office and Credit Department and are contingent upon acts of God, war, civil unrest or disturbance, strikes, labor difficulties, governmental regulations or rulings, delays of carriers (land, air, or ocean), inability to obtain materials, accidents or any other cause beyond our control.
Shipping dates are estimated, and we will make effort to ship within the time estimated. We cannot guarantee shipping dates, and in the event of a production or shipment delay, we reserve the right to change the estimated shipping date. Under no circumstances shall Fivalco be liable for damages of any kind, including but not limited to incidental or consequential damages for lost sales or profits or liquidated damages, directly or indirectly arising from delays or failure to meet shipping dates. Orders accepted cannot be changed or cancelled without our written consent. Orders for special (non-standard) goods may not be cancelled, nor will we accept return of these goods for credit.
Claims for Shortages:
All claims for shortages must be made within 10 days of receipt of goods. Our responsibility ceases when the goods are delivered to the carrier in good condition. Carriers are responsible for goods lost, damaged or delayed in transit. For your own protection have the transportation company’s agent verify any damage, shortage or delay and note them on the freight bill over his/her signature.
Buyer shall make a careful inspection at the time of delivery. Buyer’s failure to give written notice specifying any claim within ten (10) days of delivery shall constitute an unqualified acceptance of all claims. No returned product will be accepted without prior approval. A restocking charge of 15% will apply on products approved for refund.
All weights are approximate and subject to change without notice. Fivalco reserves the right to change or modify product designs, specifications and/or standard equipment without notice and without incurring obligation. Prices and Terms and Conditions of Sale are subject to change without notice.
We warrant all Fivalco products to be free from defects in materials and workmanship under normal conditions of use and service. Our obligation under this warranty is limited to repairing or replacing at our option at our factory or designated facility any product within 2 years after delivery to the original buyer, which shall be returned with transportation charges prepaid, and which our examination and inspection shall show to our satisfaction to have been defective.
This warranty is made expressly in lieu of any other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. The buyer’s sole and exclusive remedy shall be for the replacement or repair of defective products as provided herein. The buyer agrees that no other remedy, including but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property or any other incidental or consequential loss shall be available to him/her.
Fivalco neither assumes nor authorizes any person to assume any other liability in connection with the sale of such products. Item purchased by Fivalco and resold will have the original equipment manufacturers warranty extended to Fivalco customers where applicable.
This warranty shall not apply to any product which has been the subject to misuse, negligence or accident, which has been repaired or altered in any manner outside of Fivalco’s factory or designated facility or which has been used in a manner contrary to Fivalco’s instructions, recommendations or generally accepted practices. Fivalco shall not be responsible for design errors due to inaccurate or incomplete information supplied by the buyer or his representatives.