Press Room Equipment Co., LLC (The Seller)
807-A N. Prince Lane
Springfield, MO 65802
Terms and Conditions of Sale
Order Acceptance. All orders or services are subject to acceptance by the written approval of an authorized official of The Seller. Any such order shall be in these Conditions of Sale, and acceptance shall be conditions, which assent shall be deemed given unless purchaser shall expressly notify The Seller in writing to the contrary within five days after receipt of acknowledgment of confirmation of an order.
Cancellation and Alterations. No order accepted by The Seller may be altered or modified by purchaser unless agreed in writing and signed by an authorized official of The Seller, and no such order may be canceled or terminated except upon the following conditions:
a. Any of our products which can be completed within 30 days of our request to stop work or cancel will be shipped and you agree to accept the shipment and to pay for it in full at the agreed upon price.
b. Subject to (a) above, all work in connection with such order will be stopped within a reasonable time upon receipt of your request, and you agree to pay The Seller for all work in process and any raw materials or supplies used, of for which commitments have been made by The Seller in connection therewith, on the basis of full costs and expenses computed in accordance with this The Seller’s standard practice, plus 15% thereof.
Quotations and Prices. Written quotations automatically expire 30 calendar days from the date issued unless terminated sooner by notice. Verbal quotations expire, unless accepted in writing, the same day they are made.
All published prices and discounts are subject to change without notice. In the event of a net price change, the price of the equipment order will be the price in effect on the date order was received, unless delivery is delayed due to instructions from purchaser, prices shall be those in effect when the instructions are received to proceed with the order. Any addition to an outstanding order will be accepted at prices in effect when addition is accepted.
Minimum Billing. Orders amounting to less than $50 will be billed at $50.
Taxes. Any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, duty, custom, inspection or testing fee, or other tax, fee or charge of any nature whatsoever imposed by any government authority, on or measured by any transactions between The Seller and purchaser, shall be paid by purchaser in addition to the prices quoted or invoiced. In the event The Seller is required to pay any such tax, fee or charge, purchaser shall be responsible for reimbursement to The Seller.
Terms of Payment. Standard catalog items up to $15 thousand per order – Net 30 days firm. Orders exceeding $15 thousand, 1/3 with order, 1/3 prior to shipment, remainder Net 30. In addition, 1-1/2% per month late charges will apply. For custom and special equipment, terms are as follows: 45% payment with order, 45% payment prior to shipment, and remainder 10% payment – Net 30 days. All orders requiring a payment with order will not be entered into the production schedule until payment has been received. Delivery dates will be adjusted to reflect receipt of payment.
Acceptance Terms Custom and Special Machines. Customer must supply a reasonable amount of sample material along with an authorized representative for the machine run-off prior to shipment. In lieu of the authorized representative, the purchaser may elect to accept video of the machine run-off test as acceptance. If purchaser elects not to supply test material, the machine will be shown running “dry” or with “on-hand” material samples. After viewing operation – either in person or on video – customer must sign acceptance form stating machine meets quoted parameters. This form must be signed prior to shipment.
F.O.B. Point. All sales are F.O.B. Springfield, Missouri unless otherwise quoted.
Delivery. Delivery of equipment by The Seller to a carrier shall constitute delivery to purchaser and regardless of freight payment, title and all risk of loss or damage in transit shall pass to purchaser at that time. Should shipments be held beyond scheduled date for convenience of purchaser, equipment will be billed and charges will be made for warehousing, trucking and other expenses incident to such delay.
Great care is taken by The Seller in crating equipment. The Seller cannot be held responsible for breakage after having received “In good order” receipts from the transportation carrier. All claims for loss and damage must be made by purchaser to the carrier. The Seller will assist in securing satisfactory adjustment of such claims.
Claims for shortages or other errors must be made in writing to The Seller within 15 days of receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by purchaser.
Shipping Schedules. All quoted shipping schedules are approximate and will depend upon prompt receipt from purchaser of all blueprints and other information necessary for the design and manufacture of the equipment by The Seller.
Return of Equipment. No equipment may be returned without first obtaining The Seller’s written return goods authorization number. Collect shipments will not be accepted. A restocking charge will be assessed by The Seller on all returned equipment.
Warranty. Press Room Equipment Company, LLC expressly warrants for a period not to exceed twelve (12) months from the date of shipment, as determined by the bill of lading, or 2,080 hours of operation (whichever occurs first), that the equipment will perform and function in accordance with The Seller’s specifications set forth in quotation, and will be free from defects in materials and workmanship, provided that:
- The product is properly handled by purchaser from time of delivery, when purchaser takes possession and exercises control over the product which includes its proper storage in accordance with reasonable and acceptable industry standards for such products: that
- The equipment is properly installed.
- The equipment is operated by properly trained personnel within the rating and actual operating requirements for the equipment as provided in The Seller’s specifications.
- The equipment is properly maintained in accordance with The Seller’s parts and safety manual or in accordance with acceptable industry standards or approved by The Seller’s authorized personnel.
These warranties do not cover damage resulting from purchaser’s misuse, any alteration or attempted repair of the equipment by purchaser’s own personnel or by a third party not authorized by The Seller.
If the equipment does not perform or function in accordance with The Seller’s specifications or any defect in materials or workmanship supplied by The Seller is discovered during the warranty period which develops under the proper or normal use of the equipment, and the purchaser verbally notifies The Seller, confirming in writing within fourteen (14) business days, The Seller shall correct such nonconformities within the specification or such defects, at its option by repairing the equipment or substituting a replacement part or parts for those which are defective, not to include labor, or in any such manner as agreed upon by purchaser and The Seller. The Seller will replace any components defective in materials or workmanship free of charge, shipped UPS ground or common carrier, prepaid. Any other form of shipping will be charged to the purchaser.
ALL WARRANTY PARTS SHIPPED WILL BE INVOICED AND CREDIT ISSUED ONLY IF DEFECTIVE PARTS IN ANY CONDITION ARE RETURNED WITHIN 15 DAYS FROM INVOICE DATE.
In no case does the warranty apply to any failure or non-conformity with the specifications caused by or attributable to, any associated complementary equipment not supplied by The Seller under the specifications; nor shall it in any case apply to the quantity or quality of the product of the purchaser or the process of manufacture on which the equipment is used. These warranties do not cover damage or failure of components due to normal wear and tear of component parts, such as O rings, gripper surfaces, and special wear surfaces. The Seller shall not be liable for scrap loss or try-out material, nor responsible for performance of purchaser’s employees which results in scrap loss or performance below specifications.
Any liability of The Seller to purchaser arising under this warranty, contract settlement, negligence or adjustment shall not, in any case, exceed the contract price for the equipment, and in no event shall include any consequential or indirect business damages or other damages alleged by purchaser casually related. It is agreed and understood that the price stated for the equipment is in part consideration for limiting The Seller’s liability.
THE SELLER’S LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED. THE SELLER EXPRESSLY DISCLAIMS WITH RESPECT TO THE EQUIPMENT ALL IMPLIED WARRANTIES OF MERCHANTABLITLY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OF ANY NATURE MADE BY THE SELLER BEYOND THAT STATED IN THIS DOCUMENT.