Quality Tank Solutions
TERMS AND CONDITIONS OF SALE
1. PRICES: The Price(s) quoted on the face hereof are based on current costs and are subject to the Seller’s right to withdraw this proposal at any time prior to the Seller’s acceptance and approval at its general office. All written quotations are to be considered effective for a period not to exceed thirty (30) days from the date of the proposal except as otherwise specified.
2. TERMS OF PAYMENT: Payment by Buyer is to be made to Seller, specified by the agreement of sale, in United States of America currency. Buyer agrees to pay a Financial Charge of one and one-half percent (1.5%) per month, on all amounts not paid on or before the date stated on the invoice.
3. TAXES: Sales, use, excise, or similar taxes relating to the goods, are not included in QTS’s prices except as otherwise specified. All taxes are the responsibility of the Buyer and will be in effect at the time of the shipment. Seller will have the right at any time to separately bill the Buyer for any tax which Seller may have been requested/required to pay.
4. WARRANTY: Quality Tank Solutions warrants to the first user (Buyer) that the equipment/equipments components manufactured by it will be free from defects in materials and workmanship under normal use and proper maintenance for a period of one (1) year, from the shipment date. For breach of warranty of any kind, the measure of damages to be recoverable shall be limited to repair or replacement of part or equipment which examination discloses to the satisfaction of the seller to be defective, or the payment of the price of making such repair or replacement, at the option of the Seller. We neither assume nor authorize any other persons to assume for us any liability in connection with sale of our products, and no other warranty will be honored unless in writing and signed by our officer of corporation. Seller will not assume any charges for repairs made during warranty by anyone other than Quality Tank Solutions. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR OTHERWISE.
5. PATENTS: The seller will defend any suit or proceeding brought against it’s Buyer, so far as based upon a claim that any product, or any part shall in design or construction infringe upon any United States patent when used for the purpose for which it is sold provided Buyer gives Quality Tank Solutions prompt notice in writing of such claim and permits. Quality Tank Solutions to contest same through its counsel or, at its option, to settle same by securing fro Buyer the right to continue to use such equipment, or by modifying it to avoid infringement, or by reclaiming it and reimbursing Buyer the sum paid therefore; and provide Buyer gives Quality Tank Solutions all necessary authority and assistance, at QTS’s expense, to enable Quality Tank Solutions to do so.
6. CANCELLATION: The cancellation of an order accepted by Seller must be approved in writing by Seller, and Buyer shall be liable for cancellation charges based upon total selling price, less estimated unexpended costs calculated by Seller. Buyer agrees to pay Seller all loss, damages or expenses acquired due to the cancellation including, but not limited to the cost of special materials, non-resalable goods, completed or in process, labor, freight, engineering time, overhead and profit.
7. INSTALLATION AND START UP: Buyer is responsible for receiving, storing, installing, commissioning, start-up, and maintaining the equipment. Quality Tank Solutions will, upon request, provide a quotation for services to assist Buyer with these functions.
8. CHANGES AND RESCHEDULES: Any changes affecting equipment, function, specification, and destination or otherwise affecting the scope of the work must be expressed in writing and approved by Quality Tank Solutions. Quality Tank Solutions reserves the right to adjust prices as they prevail at the time of the new specified shipping date due to rescheduling upon request of the Buyer, or charge additional handling and storage charges resulting from such delays in shipment.
9. DELIVERY TERMS: Scheduled delivery dates are approximate and subject to delays. Quality Tank Solutions will attempt to make shipment within the time specified after full data from the Buyer. Quality Tank Solutions will not be held responsible for any delays beyond its reasonable control.
9.1 SHIPMENT TERMS-PASSAGE OF TITLE: Transportation expenses shall be paid by the Buyer, unless otherwise indicated. Delivery to carrier constitutes passage of title to the Buyer. Risk of loss shall pass to Buyer concurrently with passage of title.
10. RISK OF LOSS: Goods shall be at the risk of the Buyer from and after deliver to carrier, and Buyer assumes all responsibility for shortage, loss, delay, or damage in transit. Seller shall not be responsible for handling marks, scratches, scuffs, etc., on painted exterior surfaces incurred after leaving its manufacturing site.
11. CORROSION LIMITATION: Quality Tank Solutions shall not be responsible for the corrosion resistance of, or any resulting damage to, equipment used in contact with corrosive materials (salts, free chlorides, or other corrodents) without written acceptance of such corrosive conditions by Quality Tank Solutions.
12. LAWS AND REGULATIONS: Quality Tank Solutions complies with all applicable executive orders and federal, state laws and regulations including, but not limited to, the Fair Labor Standards Act of 1983 (Federal Wage and Hour Law), the Equal Opportunity Clauses per Executive Order No. 11246 and the Occupational Safety and Health Act (1970).
13. COMPLETE AGREEMENT: These terms and conditions shall constitute the complete and final agreement and understanding between Buyer and Quality Tank Solutions, and shall not be modified in any way unless agreed in writing by an authorized representative of the Buyer and Quality Tank Solutions.
Despite our efforts, occasional pricing errors may occur. Quality Tank Solutions reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmations from Quality Tank Solutions.
Custom orders are sold as final sale. No cancellations, returns or credits are available.
Products and or country of origin may be substituted and may not be identical to descriptions and or images published in the catalog or on the website.
Quality Tank Solutions