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ITT Turbines, Submersibles &
<br />Stainless Steel Submersibles
<br />Goulds Pumps
<br />STANDARD TERMS AND CONDITIONS
<br />All sales and Transactions with Goulds Pumps are suNect to its Standard Terms and Conditjons
<br />WARRANTY - Company warrants title to ;he produd(s) and, except
<br />as noted wlth respect to Items not of Company's manufacturer, also
<br />warrants the product(s) on date of shipment to Purchaser, to be of the
<br />kind and quality described herein. and free of defects in workmanship
<br />and material, THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER
<br />WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
<br />OF MERCHANTABILITYAND FITNESS. AND CONSTITUTES THE ONLY
<br />WARRANTY OF COMPANY WITH RESPECT TO THE PRODUCT(S),
<br />If within one year from date of initial operation, but not more than
<br />eighitren months from date of shipment by Company of any heat of
<br />product(s), Purchaser discovers that such item was not as warranted
<br />above end promptly ratifies Campany;n writing thereof, Company
<br />9)4411 4mody such nonconformance by, at Company's option, adjust.
<br />ment or repair or replacement of the item and any affected part of the
<br />predue.(51 Purchaser shall assume all resaonsibility and expense 4or
<br />removal. gems,.ailatson, and freight in connettlor with the foregoing
<br />remedies. The same oblfgatlans and conditions shall extend to 'eplace•
<br />mend carts furnished by Company heeeuncec Company shall have
<br />the Vgnt of disposal of parts rectiaced ay it. Purchaser agrees to notify
<br />Company, in ,ynting, .f Sny apparent detects r1 design. -material or
<br />norkmarsn+p, prior to performing any coretalve action back e0arge-
<br />:iMe to the Ccrrpany. Purchaser shall proviart a deraded rstimate and
<br />approti III by the Compamr
<br />ANY SEPARATELY LIS'ED ITEM OF THE PRODUCT(S) WHICH 15 NOT
<br />MANVFACTLRED BY THE COMPANY 15 NOT WARRANTED BY COMPANY
<br />and shall be covered only oy the express warranty, if any, of trill manu•
<br />I4Cturer thereof.
<br />,HIS STATES PURCHASERS EXCLUSIVE REMEPY A"NST COMPANY
<br />AND ITS SUPPUERS RELATtNC TC T14 PRODUCT(S), WHETHER IN
<br />CONTRACT CR IN TORT OR UNDER ANY OTHER LEGAL THEORY,:AND
<br />WHETHER ARISINC OUT CF WARRANTIES, RE?RESENTATIONS, INS AUC-
<br />TIONS. INSTALLATIONS OR DEFE-TS FROM ANY CAUSE. Company
<br />and its suppliers shall have no obligation as to any product which has
<br />bent improperly stored or handled, or which has net been operated or
<br />maintained according no instructions in Company or supplier fur'nlshed
<br />manuals.
<br />PATENTS - Company shall pay costs and damages llnaily awardeo in
<br />any suit against Nor chaser or is vendees to the extent based urion a
<br />finding that the design or constructlon of the product(s) as furnished
<br />fringes a United States patent (except infringement occurring '03 a
<br />result :il mcorperating a design or modification at Purchaser's request)
<br />peov ded!hat Purchaser promptly notifies Company of any char a of
<br />such Infringement, and Connoeny is given the right at its Expense to
<br />Seflh such Charge and to deieno or control the defense of any :sett
<br />based t Pon such charge. 'HIS PARAGRAPH SETS'ORTH COMP,4NY'S
<br />;XCUSIVE IABILtTY'NITH RESPECT TO PATENTS.
<br />>IUYER DATA - Timely performance is contlnoenc upo , the Purillasser
<br />svppiying ;e the Company, • Tien needed. all required technicatliniarme•
<br />lion, incladlng drawing approval, and oil required commercial documen-
<br />tarian, '
<br />M Goulds Pumps
<br />Gau:ds pumps a breno of IT' Residential and or^mercial VVatec
<br />NUCLEAR - Purchaser represents and warrants that the product(s) cov-
<br />ered by this contract shall not be used in o in connection with a nuclear
<br />facalty or application.
<br />NONCANCELLATION - Purchaser may not cencel or terminate for
<br />canvenlence, or dived suspension of .manufacture, except on mutually
<br />acceptable terms.
<br />DELAYS - It Company suffers in performance due to any Cause beyond
<br />Its control, Including but not'ImRed to act of God, war, act ortallure
<br />to act of government, at* or omission of Purchaser, fire, flood, strike or
<br />labor troubles, saootage, or delay In obtaining from others suitable set,
<br />vices. materials, components, equipmentortransportatbn, the time of
<br />performance shall be extended a aenod of time equal :a the period of
<br />the delay ane its rgnsequences. Company will 3ive to Rwchaier notte
<br />n writing within a reasonable Cane a'ter Company becomes aware of
<br />)ny such delay.
<br />STORAGE - Any hrm of the weductls) on which manufacture ar ship-
<br />ment is delayed by causes within Pwthaser's control, or Sy causes
<br />Nr,ich artect Purchasers ability to recvve cite product(s). may be placed
<br />in storage by Company 4or Purchaser's account and risk
<br />SHIPMENT - r!ie term °shloment" means dellvrV o the initial curler
<br />in accordance with the dwivery terms Cf thls order. Company may make
<br />partial shipments. Company shall select method of ttansponation and
<br />route, unless terms are f.o,b, point of shipment and Purchaser speci-
<br />fies the method and rote and s to pay the freight costs in addition
<br />.o the price. Whop terms are f.o.b. destination or freight allowed to
<br />destination, "destination" means Common carrier delivery point (within
<br />continental United States, excluding Alaska) nearest the destination. For
<br />movement outside the waited States. Company shall arrange for inland
<br />carriage to port of exit and shall cooperate with Purchaser's agents in
<br />making necessary arrangements !or overseas wirfage and preparing
<br />Mace! Saoy documents,
<br />SPECIAL SHIPPING DEVICES - On shipments to a destination in the
<br />continental United States or Canada, Company has Iho right to add to
<br />the invoice, as a separate item, the value of any special shipping device
<br />fbarrol, reef, tarpaulin, <radle, rills and the iikall used to contain or
<br />protte the product(s) invoiced, whiia in transit. Full uedh will be given
<br />on me return m Company of the device in a reusable condition, to,b,
<br />desdnation, freight prepaid.
<br />TITLE AND INSURANCE - Title to the product(s) and nsx of loss or
<br />damage shall pass to ?urcnasar at the f,o.b. point, except that a security
<br />Interest in the productis) and proceeas and any replacement shall r&
<br />main in Company, regardless of models of attachment to realty or other
<br />property, unth the full price nes been paid in cash. Purchaser agrees :o
<br />do all acts necessary to perfect and matr.tafn said secutlw Merest and
<br />to protect Company's Interest by adequately tnsuririg the product(s)
<br />against less ar damage from any external cause with Company named
<br />as insure) or CO•!nswrd.
<br />lr d VH-4
<br />25D-24
<br />Engineered for life
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