(a) All orders will be invoiced at prices in effect at time of acceptance of order unless escalation terms are included in the quotation.
(b) Are F.O.B Factory, Webb City, Missouri.
(c) Do not include cost incidental to the erection of the machinery in the purchasers plant, unless specifically quoted. Such costs shall be borne by purchaser.
2. Shipping Schedule:
Will be computed from the date we receive your order, and if the order is of a special nature, from the date we receive complete information necessary to proceed with the manufacture of the order.
(a) Subject to prior sale and confirmation by the factory at time of acceptance of order.
(b) Is only an estimate and under no circumstance shall we have any liability whatsoever for delays, loss of use, or for any indirect or consequential damages.
(c) Subject to unavoidable delays caused by strikes, accidents, or any other cause beyond our control.
3. Production Data and Estimates:
Where given are estimates only based on our understanding of the limits of accuracy, materials used, handling facilities in users plant and are estimates only and is not guaranteed or warranted.
(a) Manufactured parts which under normal operating conditions in the plant of the original purchaser, proves defective in material or workmanship within one year from date of shipment by us, will be replaced free of charge F.O.B our factory, Webb City, Missouri provided you notify us promptly of the defect and establish that the product has been properly installed, maintained and operated within the limits and capacity of rated normal usage.
(b) Under no circumstance shall we have any liability whatsoever for loss of use or any indirect or consequential damages.
(c) No allowance will be made for any expenses incurred in repairing or replacing defective material unless the written consent of the manufacturer is first obtained.
(d) Under no circumstance shall we guarantee or be responsible for any equipment manufactured by others and furnished or sold by us. We will exert every effort to secure a satisfactory adjustment from third party manufacturer only to the extent of the original manufacturers warranty to the WEBB Corporation.
5. Credit Approval:
All orders subject to credit approval.
6. Payment Terms:
Are net 30 days from date of invoice of order unless other terms are stated in quotation.
Upon request from you to cancel all or any part of an order.
(a) On standard stock items there will be a 15% cancellation charge.
(b) On any machine or part considered a non-stock item, on receipt of a proper cancellation notice all work on the order or part cancelled will be stopped and you will be invoiced as a liquidated damage, a cancellation charge computed on the basis of established prices for all completed items, and for incomplete items the full cost incurred by us plus 15 % thereof, plus charges for packing and storing, less such allowances as we may be in position to make for any standard components which can be used at that time to fill another order and for the balance for the material as scrap.
Delivery of equipment to a carrier by us, consigned to you or as you may direct, shall constitute transfer of title, ownership, possession and property in and to the equipment at such point of delivery, and such carrier shall thereafter be deemed to be acting for you and the equipment shall thereafter be at your risk.
For all service as well as initial demonstrations requiring a factory serviceman, a charge will be made at the applicable rate per day, plus all traveling and living expenses.