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Warranty
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Terms and Conditions of Sale
All sales by Atlas Copco Exploration Products, a Division of Atlas Copco Canada Inc (hereafter known as “Atlas Copco”) of products offered and sold by them shall be subject to the following conditions which shall be deemed incorporated into all orders and offers to purchase submitted to Atlas Copco for acceptance, and into all their acceptances and contracts of sale.
1. Disclaimer of Liability for Consequential Damage
Atlas Copco shall not be liable in any event for any loss of income, goodwill, increased costs or any special, indirect, incidental or consequential damages arising out of or in connection with this sale.
2. Warranties
There are no warranties Expressed or Implied made by Atlas Copco except for their following standard warranty:
Atlas Copco warrants new and unused core drilling machines and accessory equipment of our own manufac¬ture against defects in material and workmanship caused by normal use and service, for a period of six (6) months from the date of shipment from our premises. The obligation under this warranty is limited to the replacement or repair of such parts deemed by us to have been defective at the time of sale. Any alterations or changes to the product design by the customer invalidate any warranty claims. We reserve the right to inspect any defective part claims. Before such parts are returned to our premises, our written approval must be obtained and the parts then returned at the customer's expense. Pro¬ducts not manufactured by us are subject to the original manufacturer's warranty only.
3. Prices
Prices apply to quantities and specifications requested by the buyer or as outlines in price lists pub¬lished by Atlas Copco. Atlas Copco reserves the right to change their prices without notice. Prices on written quotations will remain firm within the validity period specified in each quotation.
4. Delivery
Atlas Copco shall not be liable for any delay in manufacturing or delivering any of the products. If such delay shall be due to one or more of the following causes: fire; destruction of premises; strike; lockout; acts of God; accident; delay in transportation; war (whether declared or undeclared); riot; insurrection; blockade; embargo; acts, demands, or require¬ments of Canada or the country in which or through which delivery is to be made, or any province, state or territory thereof or of any governmental subdivision thereof; decrees or restraining orders of any court or judge; or any other cause whether similar or dissimilar to those herein before enumerated, beyond the reasonable control of Atlas Copco.
5. Terms of Payment
Standard terms are net 30 days from date of invoice (on approved credit), unless otherwise stated. Products are sold F.O.B. Atlas Copco premises unless otherwise stated. Atlas Copco reserve the right to apply finance charges to overdue accounts at 2% above the prime rate charged by the chartered banks in Canada.
6. Title and Risk of Loss
Full risk of loss (including transportation delays and losses) shall pass to the buyer upon delivery of products hereunder to the F.O.B. point. However, Atlas Copco retains title, for security purposes only to all products until payment is received in full.
7. Taxes
Any sales, use, or similar taxes imposed on this sale or on the transaction are not included in the price. Such taxes shall be shown separately on applicable invoices and paid for by the buyer. If applicable, Atlas Copco will accept a valid exemption certificate from the buyer, however, if an exemp¬tion certificate previously accepted is not recognized by the government taxing authority, and Atlas Copco is required to pay the taxes covered by such exemption certificate, buyer agrees to promptly reimburse Atlas Copco for the taxes paid on the buyer's behalf.
8. Claims by Buyer
Claims for any shortages or product quality made by the buyer against Atlas Copco shall be made in writing to Atlas Copco within ten (10) days alter receipt of the shipment. Claims covered under war¬ranty will be reported as outlined in paragraph 2.
9. Return of Saleable Product
No product may be returned to Atlas Copco without their prior authorization. Product authorized for return must be shipped "prepaid" and will be subject to a restocking charge.
10. Cancellation of Orders
After an order has been accepted, no cancellation by the buyer shall be binding on Atlas Copco with¬out their prior written consent and subject to such conditions as will indemnify Atlas Copco against loss for commitments made and in process and completed customized work.
Published date: 2007-10-17 10:15
