JPS Fabrications LLC
TERMS AND CONDITIONS OF SALE
ORDERS accepted by seller shall be deemed to incorporate the provisions hereof. Prices are based upon the terms of the order and the provisions hereof and there are no other promises, terms, conditions, representations or warranties other than as specified in JPS Fabrication Warranty and herein. The provisions hereof shall be controlling in the event of a conflict with those of the orders accepted by the Seller, and shall be construed in accordance with the laws of the State of Georgia, U.S.A.
DELIVERY of the equipment herein specified shall be made F.O.B. point of shipment, unless otherwise stated. The Company shall not be liable for delay due to causes beyond its reasonable control, such as acts of God, acts of the purchasers, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, war, riots, delays in transportation, container shortages, and inability due to events beyond its reasonable control to obtain necessary labor, material, or manufacturing facilities. In the event of such a delay, the date of delivery shall be extended for a period of equal to the time lost by reason of delay.
ACCEPTANCE of all orders and sales are subject to written approval and acceptance by an executive officer of JPS Fabrications LLC at Statesboro, Georgia and not binding on the Company until so approved.
TERMS OF PAYMENT: If in the judgment of the Company, the financial condition of the purchaser at any time does not justify continuation of manufacture of shipment on the terms of payment specified, the Company may require full or partial payment in advance. Prorate payments shall became due as shipments are made. Each shipment or delivery shall constitute a separate sale, and the default of any shipment or delivery shall constitute a separate sale, and the default of any shipment or delivery shall not vacate the contract to other shipments or deliveries.
SALES AND SIMILAR TAXES: The Company’s prices do not include sales, use, excise, or similar taxes. Consequently, in addition to the price specified herein, taxes shall be paid by the Purchaser, or in lieu hereof the Purchaser shall provide the Company with a tax exemption certificate acceptable to the taxing authorities.
CANCELLATION: Any contract resulting from this quotation may be cancelled by the Purchaser only by negotiations and upon payment of reasonable cancellation charges which will take into account expenses already incurred and commitments made by the Company.
WARRANTY AND DISCLAIMER: JPS Fabrication extends this limited warranty to the original buyer and warrants that products manufactured by JPS Fabrications LLC shall be free from original defects in workmanship and materials for one year from date of shipment, provided same have been properly stored, installed, serviced, maintained and operated. This warranty shall not apply to products which have been altered or repaired without Company’s expressed authorization, or altered or repaired in any way so as in the Company’s judgment, to affect its performance or reliability, nor which have been improperly installed or subjected to misuse, negligence, accident, or incorrectly used in combination with other substances. The Buyer assumes all risks and liability for results of use of the products. Warranties on purchased equipment and components, including, but not restricted to motors, controls, pumps and bearings, are limited to the terms of warranty extended by our supplier.
LIMITATIONS OF REMEDY AND DAMAGES: All claims under this warranty must be made in writing and delivered to JPS Fabrications LLC, 4120 Old River Road North, Statesboro, Georgia 30461, within 15 days after discovery of the defect and prior to the expiration of one year from the date of shipment, by the Company of the product claimed defective, and Buyer shall be barred from any remedy if Buyer fails to make such claim within such period. Within 30 days after receipt of a timely claim, JPS Fabrication shall have the option either to inspect the product while in the Buyer’s possession or to request Buyer to return the product to the Company at Buyer’s expense for inspection by JPS Fabrication. JPS Fabrication shall replace, or at its option repair, free of charge, any product it determines to be defective, and the Company shall ship the repaired or replacement product to Buyer, F.O.B. point of shipment. Provided, however, if circumstances are such in JPS Fabrication’s judgment to prohibit repair or replacement to remedy the warranted defects, the Buyer’s sole and exclusive remedy shall be a refund to the Buyer of any part of the invoice price, paid to JPS Fabrication, for the defective product or part. JPS Fabrication is not responsible for the cost of removal of the defective product or part, damages due to removal, or any expenses incurred in shipping the product or part to or from JPS Fabrication’s plant, or the installation of the repaired or replaced part.
Implied warranties, when applicable, shall commence upon the same date as the express warranty provided above, and shall, except for warranties of title, extend only for the duration of the express warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. The only remedy provided to you under an applicable implied warranty and the express warranty shall not be liable for incidental and consequential losses and damages under the expressed warranty, any applicable implied warranty, or claims, for negligence, except to the extent that this limitation is found to be unenforceable under applicable state law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal right, and you may also have other rights which vary from state to state.
No employee, agent, dealer, or other person is authorized to give any warranties on behalf of JPS Fabrications LLC or to assume for JPS Fabrication any other liability in connection with any of its products except in writing and signed by an officer of JPS Fabrications LLC.
TECHNICAL ADVICE AND RECOMMENDATIONS: DISCLAIMER: Notwithstanding any past practice or dealings or any custom of the trade, sales shall not include the furnishing of technical advice or assistance or system design. Any such assistance shall be at JPS Fabrication’s sole option and may be subject to additional charge. JPS Fabrication assumes no obligation or liability on account of any recommendations, opinions or advice as to the choice, installation or use of products. Any such recommendations, opinions or advice are given and shall be accepted at your own risk and shall not constitute any warranty or guarantee of such products or their performance.
TITLE: The title and right of possession of the equipment sold herein shall remain with the Company and such equipment shall remain personal property until all payments herein (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title in the Company.
GENERAL: In no event shall any claim for consequential damages be made by either party. The Company will comply with all applicable federal, state, and local laws.
JPS Fabrications LLC
4120 Old River Road North
Statesboro, Georgia 30461