Terms & Conditions
1. TIME AND EFFECT OF ACCEPTANCE
This proposal and prices quoted herein expire at the option of Thomas Conveyer &
Equipment Co., Inc. (hereinafter referred to as TC&E), unless written acceptance (including purchase orde
r number) is received at our
main office within fifteen (15) days from the proposal date. This proposal is not an offer and its acceptance shall not const
itute a contract
unless and until such acceptance is approved at our main office by one of our duly ap
pointed officers or authorized representatives.
Issuance of an order or acceptance of this proposal constitutes acceptance of all conditions described herein and acknowledge
return of a copy of buyer’s purchase order or other document shall in no w
ay alter these terms and conditions.
2. CREDIT TERMS
Payment terms stated in this proposal are offered only to firms rated by Dun & Bradstreet with a “Composite Credit
Appraisal” of “good” or “high” and having in our opinion adequate financial strength.
Firms not rated by Dun & Bradstreet are offered the
stated terms only upon submittal of three credit references (two suppliers and a bank) and subsequent verification and writte
n approval by
Terms of payment are net 10 days F.O.B. factory unless stat
ed otherwise in the body of this proposal. Invoices more than 30 days old are
subject to a 1
1/2% per month interest charge. The buyer is responsible for all expenses related to the collection of delinquent invoices an
TC&E reserves the right to change or
modify payment terms at any time prior to purchase order acceptance without written notice.
3. MINIMUM ORDER CHARGE
No orders will be accepted for less than $100.00.
4. COPYRIGHTS AND USE OF SPECIFICATIONS AND DRAWINGS
We reserve all copyright rights
in this proposal and in all
accompanying specifications and drawings. This proposal and all such specifications and drawings are submitted to you solely
consideration and in confidence, remain our property subject to recall by us and are not to be
published, reproduced, copied in whole or in
part, loaned or otherwise communicated to any third party without our written permission. Drawings accompanying this proposal
are not to
be used for construction or erection purposes unless certified for such p
urposes by TC&E.
5. APPROVAL DRAWINGS
Manufacturer’s general arrangement or shop drawings will be submitted by us only upon receipt of buyer’s
written request. Subsequent fabrication will not commence until buyer’s authorized approval is received. In suc
h instances where, in our
judgment, it is deemed prudent TC&E reserves the right to require buyer approval of drawings and to delay or withhold fabrica
such approval is received in writing.
6. DRAWINGS AND SPECIFICATIONS SUPPLIED BY BUYER
tated dimensions on drawings and specifications supplied by the
buyer shall be deemed correct unless changed in writing by the buyer before issuance of buyer’s purchase order. Buyer shall b
e held liable
for any additional charges incurred due to dimensiona
l charges made after acceptance of contract. All dimensions referred to in this
proposal which are scaled from buyer’s drawings are deemed correct unless corrected by buyer in writing before issuance of bu
purchase order. TC&E shall not be held liable
for conflict with ductwork, columns, or other structures or machinery not specifically noted to
us by buyer.
7. OPERATING ENVIRONMENT
The buyer is responsible for notifying TC&E prior to fabrication of the equipment purchased, of any
ive or otherwise extreme or severe characteristics of the environment in which the equipment will be operated which
would affect the operation or durability of the equipment.
TC&E reserves the right to make substitutions or revisions in
specifications or suppliers, providing the changes will
not affect the operation of the equipment.
The purchaser agrees to bear all sales, use, or other tax imposed by federal, state or local authorities as required. No taxe
any kind are inc
luded in the purchase priced stated in this proposal. Sales tax for the State of Illinois will be collected in full unless bu
purchase order is accompanied by a tax exempt certificate or such certificate is already on file with our accounting departme
Unless stated otherwise in this proposal, shipments are F.O.B. truck, shipping point, and therefore travel at the buyer’s ris
Any claims for damage must be filed with the delivering carrier. All shipments are made freight collect.
Goods purchased from TC&E are returnable solely at the discretion of the manufacturer and only in accordance
with the return policy of that manufacturer. The buyer is responsible for return freight and applicable restocking charges.
Deliveries quoted are the best estimate at the time of quotation. Deliveries quoted are based on the present promises
of our suppliers and may vary due to an influx of orders, supplier delays, strikes, acts of nature, or other causes beyond th
e control of
TC&E. Every reasonable effort will be made by the company to meet or exceed the quoted delivery and early delivery shall not
Thomas Conveyor and Equipment Company, Inc.
28 Hillside Ave.
considered damaging to the buyer. TC&E will not be liable for any expenses or charges due to late delivery for any
reason. Delivery is
considered when the goods are delivered to the transportation company. Deliveries are normally quoted A.R.O. (after receipt o
which means when the written purchase order is received at our main office; or A.R.A.D. (after receipt
of approved drawings) which means
receipt of signed approval drawings with no changes at our main office. All orders are scheduled to ship during a particular
will not be required to ship on a particular day.
13. CANCELLATION AND DELAYS
d the work be delayed by you or for any reason beyond our control, buyer will pay TC&E for
any loan, damage, and additional expense suffered or incurred by us as a result of such delays. In the event such a delay inv
olves a delay
in shipment of the equipme
nt, buyer will pay the extra cost of storing and handling the equipment during the period of delay.
It is understood that a proper cancellation claim figured in accordance with this contract will be honored on the basis of ex
accumulated and/or incurred at the time of receipt at our main office or written notice of cancellation plus a reasonable
cancellation charge to cover extra cost of handling and profit.
In lieu of all other warranties, expressed or implied,
the equipment covered by this proposal and its component parts
carries the respective manufacturer’s warranty which TC&E will be pleased to submit to you upon request. We neither assume no
authorize any other person to assume for us, any other liability i
n connection with the equipment covered by this proposal, including,
without limiting the generality of the foregoing, liability for loss of production equipment or profits and liability for con
sequential damages or
any damages to person or property. We wi
ll make no allowance for repairs, alterations, or other work done unless specifically agreed to in
writing. Furthermore, any such unauthorized repairs or alterations are understood to relieve TC&E from any further responsibi
lity or liability
for the equipm
15. SAFETY DEVICES
The equipment described herein is provided only with safety devices as specified and supplied by the respective
manufacturers. TC&E does not warrant that these devices will necessarily meet the requirements of all local, state, an
d federal laws,
regulations, or codes.
16. INSTALLATION OF EQUIPMENT
When equipment purchased from TC&E is to be installed by us, buyer shall be responsible, at his
expense, for unloading the equipment from the delivering truck and storing said equipment
indoors under conditions of proper care and
maintenance. During unloading, storage, and installation, buyer shall be liable for all thefts and/or damage to the equipment
Prior to the agreed upon installation date, buyer shall be responsible for moving eq
uipment to be installed to the vicinity of the installation
site. Buyer shall also provide electricity, compressed air, and any other required utilities for use without charge by the in
Buyer shall also allow the installation crew access to
forklift trucks, personnel lifts, and any other such equipment on hand as may
reasonably be required to facilitate installation. During installation, buyer shall be liable for all theft and/or damage to
workmen’s tools and
allation price quoted herein is based on labor to be performed on weekdays during daylight hours. Work performed at any other
time will result in additional overtime charges to be paid by the buyer.
Buyer is responsible for providing adequate electricity,
compressed air, and any other utilities required for operation of the equipment to be
installed. Respective utilities are to be supplied within ten (10) feet of each motor, device, or other component requiring u
TC&E shall not be held liable
for any air pressure or electrical current drops or failures due to utility connection of equipment to be
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