Following are the Terms and Conditions for Continental Disc Corporation hereinafter called "C.D.C."
All prices quoted are F.O.B. C.D.C., Liberty, MO, and are net unless a discount is shown.
Quotations are subject to acceptance within 30 days from the date of the proposal.
All orders are subject to acceptance by a C.D.C. officer and will be interpreted and enforced in accordance with the laws of the State of Missouri. These terms, as part of the resulting contract, are complete and in place of any other terms that may have been previously prepared by either customer or C.D.C. Additions to or alterations of these terms must be authorized by an officer of C.D.C., in writing.
C.D.C. will invoice. Orders should be addressed to C.D.C., c/o our authorized Sales Representative for your area.
Net 30 days. Subject to approval by C.D.C. Credit Department.
Irrevocable and confirmed letter of credit through a prime U.S. bank, unless a line of credit has been established with C.D.C. Credit Department. All prices are F.O.B. Liberty, Missouri, U.S.A., unless otherwise negotiated in advance of order.
The cost of letters of credit incurred by C.D.C. will be included on the invoice. Minimum handling charge is $250.00 per order.
All taxes, custom duties and/or levies imposed upon the sales, use, purchase, delivery, storage, consumption or transportation of the products ordered hereunder shall be Customer's responsibility and will be an additional charge to the quoted prices.
6. SHIPMENT SCHEDULES
Shipment schedules are based on production lead time, material availability and labor conditions. C.D.C. shall not be liable in any way for failure or delay in making shipments as scheduled.
Orders will be shipped collect (except P.P. and UPS) unless customer requests us to ship prepaid and add to invoice as a separate item. It is the responsibility of the customer to make a claim with the specified carrier in the case of shipment damage, lost shipment, etc.
6a. PACKING AND MARKING
Unless otherwise stated, all packing and marking will be in accordance with C.D.C.'s standard practices. Special packaging or marking per Customer's request, export crating, export or special documentation, etc., may be subject to extra charges.
Orders in process are subject to cancellation charges. The extent of work performed will govern the amount of any cancellation charge.
8. MINIMUM BILLING CHARGE
$135.00 Domestic / $150.00 International per order.
9. RETURNED MATERIAL
No credit will be given for rupture discs returned to C.D.C. No product may be returned to C.D.C. without a Return Authorization number issued by Seller. Collect shipments will not be accepted at C.D.C.'s plant unless authorized by prior written agreement.
Since all rupture discs are custom fabricated to the specific customer's requirements, the rupture discs have no useful value to C.D.C.
No credit will be given on rupture disc holders returned to C.D.C. which are not standard stock holders. Only a partial credit can be given on standard stock holders due to costs related to paperwork, receiving, inspection, rework and restocking. The amount of partial credit allowed will be governed by the extent of work required to recondition the holder for stock.
No material will be returned to C.D.C. without:
1. A Return Material Authorization number obtained through a member of C.D.C.'s sales staff.
2. A completed Material Safety Data Sheet attached to the outside of the shipping container.
3. Being pre-cleaned or decontaminated in accordance with the Material Safety Data Sheet prior to shipment to C.D.C.
This procedure is required to properly identify the material and obtain adequate information regarding the reason for material return. In some cases, we may desire to scrap or rework the items on location and save freight cost.
COLLECT SHIPMENTS WILL NOT BE ACCEPTED AT THE FACTORY UNLESS AUTHORIZED BY PRIOR WRITTEN AGREEMENT.
If after the material has been returned and evaluated defective (per the terms of our warranty) by C.D.C.'s Quality Assurance and Engineering departments, C.D.C. will repair or replace the material and reship. (We will give credit on original material supplied and re-invoice on re-worked or new material.)
10. DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall C.D.C. be liable for any incidental, indirect, special or consequential damages arising out of or in connection with the use or misuse of the products sold hereunder or C.D.C.'s performance hereunder, including, but not limited to, any claimed damages for loss of use, lost profits and / or injury to persons or damage to property.
C.D.C. reserves the right to make changes in design of its products without incurring any obligation to furnish or install such changes and modifications on products previously or subsequently sold.
11. LIMITED WARRANTY
C.D.C. products have a limited warranty against defective workmanship and materials for a period of one (1) year after date of invoice. In no event shall C.D.C.'s liability with respect to any of the product(s) furnished by C.D.C. exceed the charges paid by Customer to C.D.C. for such product(s). Customer's sole remedy for any defective product or any other breach of its performance shall be the repair or replacement of any defective product furnished by C.D.C. which has been returned to C.D.C.'s plant at Customer's expense.
IT IS EXPRESSLY UNDERSTOOD BY CUSTOMER THAT THE FOREGOING REMEDY IS CUSTOMER'S EXCLUSIVE AND SOLE REMEDY. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
USER SHOULD READ AND THOROUGHLY UNDERSTAND THESE INSTRUCTIONS BEFORE INSTALLING HOSE VALVE. THESE INSTRUCTIONS DO NOT PURPORT TO ADDRESS ALL OF THE SAFETY FACTORS ASSOCIATED WITH THE HOSE VALVE'S USE IN SERVICE. IT IS THE RESPONSIBILITY OF THE USER TO ESTABLISH APPROPRIATE SAFETY, HEALTH, AND TRAINING MEASURES FOR THEIR PERSONNEL INSTALLING, SERVICING, OR WORKING IN AN AREA WHERE HOSE VALVES ARE IN USE.
THE FLOW OF MEDIA THROUGH A VALVE CAN CREATE LOUD NOISES. THE CUSTOMER AND/OR USER SHALL BE RESPONSIBLE FOR PROTECTING AGAINST HEARING DAMAGE OR ANY OTHER DAMAGE TO BYSTANDERS FROM THIS LOUD NOISE.
THE CUSTOMER AND/OR USER SHALL BE RESPONSIBLE FOR ASSURING THAT THE FLOWING MEDIA IS DIRECTED INTO A SAFE AREA TO PREVENT PERSONAL INJURY OR DAMAGE TO EQUIPMENT OR ANY OTHER PROPERTY DAMAGE. DO NOT POINT THE VALVE TOWARD YOURSELF OR ANY OTHER PERSONNEL.
THERE IS NO GUARANTEE OF VALVE LIFE. SUCH LIFE SPAN IS AFFECTED BY CORROSION, EROSION, AND PHYSICAL DAMAGE. THESE CONDITIONS WILL AFFECT THE SEAT TIGHTNESS AND PRESSURE RETAINING CAPABILITY OF THE VALVE. NOT RECOMMENDED FOR USE IN AREAS OF HIGH MECHANICAL ABUSE, WHERE IT MAY BE REPEATEDLY HIT OR DROPPED. DAMAGE TO THE VALVE MAY OCCUR AS THE RESULT OF BEING DROPPED. DAMAGE TO THE VALVE MAY RESULT IN INJURY TO PERSONNEL OR DAMAGE TO OTHER EQUIPMENT. CUSTOMER AND/OR USER SHOULD PERIODICALLY CHECK FOR TIGHTNESS OF ALL CONNECTIONS AND TIGHTNESS OF THE SWIVEL CONNECTOR IF SO EQUIPPED.
CUSTOMER AND/OR ITS INSTALLER SHALL BE RESPONSIBLE FOR THE PROPER INSTALLATION OF SELLER'S VALVES INTO A SYSTEM. CUSTOMER AND/OR ITS INSTALLER SHALL BE RESPONSIBLE FOR IMPROPER INSTALLATION AND PHYSICAL DAMAGE RESULTING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGE RESULTING FROM LEAKAGE, IMPROPER TORQUING AND FAILURE TO FOLLOW INSTALLATION INSTRUCTIONS. THE LIMITED WARRANTY HEREINABOVE SET FORTH SHALL NOT APPLY TO ANY OF SELLER'S PRODUCTS WHICH ARE IMPROPERLY INSTALLED.
CONTINENTAL DISC CORPORATION ASSUMES NO LIABILITY FOR THE INSTALLATION. ALL CONSIDERATION MUST BE GIVEN TO PREVENT PERSONAL INJURY OR PROPERTY DAMAGE.
13. PATENT INFRINGEMENT
Should the Customer's drawings or specification infringe or allegedly infringe upon a patent or trademark, C.D.C. will in no way be responsible for any claims or damages resulting from this infringement. Customer hereby agrees to save, defend and hold harmless C.D.C. from and against any and all claims or damages arising out of such infringement or alleged infringement.
The Terms for C.D.C. orders are specified at time of order acknowledgement, and are subject to additional Terms & Conditions listed on the back of the "Order Acknowledgement" and "Invoice" forms as C.D.C. Document No. GEF-CTC-1001. This document restates those terms, with additional annotations in italics. When in question, the latest revision of Document No. GEF-CTC-1001 shall be the governing document.