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<br />ITTTurbines, Submersibles &
<br />Stainless Steel Submersibles
<br />Goulds Pumps
<br />STANDARD TERMS AND CONDITIONS
<br />All safes and transactions wlth Goulds Pumps are subject to its Standard Terms and Conditions
<br />WARRANTY — Company warrants title to:he pruduct(s) and, except
<br />as noted with respect to Items not of Company's manufacturer, also
<br />warrants the product(s) on dote 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 IMPUED WARRANTIES
<br />OF MERCHANTABILiTYAND FITNES5. AND CON5TITUTES THE ONLY
<br />WARRANTY OF COMPANY WITH RESPECT TO THE PRODUCT($)•
<br />If within one yeaf from date of initial operation, but not more than
<br />eighteen months from date of shipment oy Company of any he,Ti of
<br />prcduct(s),11hochaser discovers that such item was not as warranted
<br />above env promptly notifies Company in writing thereof, Company
<br />Clad ;erriedy such nonconformance by. at Company's option, adjust.
<br />ment or repair or !yplacement of the item and any affected pan of the
<br />produc (s) Purchaser Shall assume all •,sgonsibiGty and eapense''or
<br />removal, %emrailation, and tretght !n c:nnettlor, with the ioregoing
<br />remedies. The same obiigatlans and condivions shall txtend to tplace-
<br />merd a is furet shed oy Company hereunder. Company shall have
<br />the rCht of dlsoosal of parts replaced 7V :t. Purchaser agree5 to notify
<br />Camodrr;, In :eating, .( any aploarem. diteCts in design. -material or
<br />,vomrnorsmp, ?nor to performing -any corrective action back charge-
<br />able to the Ccmpany. ?urchaser ;hail provide a detailed esr'rnaie and
<br />approval by the CompanYx
<br />ANY SEPARATELY LIS7EO ITEM OF THE PRODUCT IS) WHICH 15 NOT
<br />MANUFACTURED BY THE COMPANY IS NOT WARRANTED BY COMPANY
<br />and shall be covered only by the express warranty, it any, of Mq rams•
<br />iac*urer thereof.
<br />THIS STATES PURCHASER'S EXCLU51V; REMEDY AGAINST COMPANY
<br />AND ITS SUPPLIERS RELA7ING TC T11E PRODU(T(S). WHETHER IN
<br />CONTRACT CR IN TORT OR UYCER ANY OTHER LEGAL THEORY, AND
<br />WHETHER ARISING CUT Cf ',NARRANTIE5, REPRESENTATIONS, INS iRUC
<br />TIONS, !N57ALLAT4NS DR CEFE-75 FROM ANY CAUSE. Company
<br />and ;ts supollers shall have no obligation as to any product which has
<br />been improperly stored or handlec, or which its! nat been oroerated or
<br />maintained according to insirGdions in Company or supplier f'Jfnishred
<br />manuals.
<br />PATENTS — Company shall pay cnscs and damages flnafly awardeo In
<br />any silt against Purchaser or Cats vendees to the extent based ucon a
<br />Finding that the design or construction ofthe products) as furnished
<br />infringes a United States patent (except infringement occurring ds a
<br />resuh at :ncosperaTi rag a design or modification at Purchaser's toquesi)
<br />peovided,het Purchaser promptly notifies Company of any char a of
<br />such infringement, and Comoany is given the right at its sxptna to
<br />settle such charge and to defend or control the defense of any SUIT
<br />based ;.pon such chafe!. THIS PARAGRAPH SETS FORTH COMPANY'S
<br />: C! USIVE _IABILITV'%s'ITH RESPECT TO PATENTS.
<br />flUYER OATA — Timely performance is (ont3noenc upon the Purchaser
<br />suppiying to the Comoany, when needed, all required technicatlinfmma-
<br />lion, including drawing approval, and oil required commercial documen-
<br />tation.
<br />M, Goulds Pumps
<br />NUCLEAR — Purchaser represents and warrants that the pfoduct(s) cov-
<br />ored by this contract shall not be used in a, In connetimn with a nuclear
<br />facility or application.
<br />NOHCANCELLATION — f urcheser may not c9ncel or terminate for
<br />Convenience, or direct suspension of manufacture, except on mutually
<br />acceptable terms.
<br />DELAYS — !.f Company sutfefs in performance due to any cause beyond
<br />Its control, Including but not tlmited to act of God, war, act or faMure
<br />to ac, of goveramerst, act or omission of Purchaser, fire, flood, strike or
<br />labor troubles. saootage, or delay fit obtaining from othars suitable set,
<br />vices, materials, components, equiprrientor transportatk>n, the time of
<br />performance shall be extended a ;errod of time equal to the period of
<br />the delay aria its :onsequences Comoany .-will 3ive to=u!chaser notice
<br />In Nridng wlthln a reasonabla time aster Company becomes aware of
<br />any such delay.
<br />STORAGE - any iierr of Site'product($) on which manufacture Car ship-
<br />Tlent is delayed by causes wlthln Purcnaser's control, oT Dy causes
<br />w:r•tth arfect Purchaser's ability to recalve the prodix.M. may ae placed
<br />in storage oy Comyany'or Purchaser'I account and risk,
<br />SHIPMENT — Tie term "shloment" means delivery tc the lflitibi canlef
<br />.n accordance wit! the delivery terms of thh artier. C)MMny may make
<br />partial shipmerits. Company shall select method of tfansponation and
<br />route, unless terms are f.o.b. point of shipment and Purchaser sped -
<br />lies the method and rot to and is to pay the freight costs in additwn
<br />ea the prim When terms are I,o.b. destination or+reight allowed to
<br />destlnation, "destination" means common Carrier dellvery point (within
<br />continental United States, excluding Alaska) nearest the destination. for
<br />movement outside the united 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 carflage and prepating
<br />necessary documents,
<br />SPECIAL SHIPPING DEVICES — On shipments to a oestination in the
<br />Continental United States or Canada, Company has the :fight to add to
<br />the invoice, as a separate item, the value of any speuai shipping device
<br />(bar-0. reef, tarpaulin, cradle, alb and the ifkei used to contain or
<br />prated the product(s) invoiced, while in transit. Full credit will be given
<br />on line return to Company of the device in a reusable condition, to,b,
<br />destination, freight Wtpald•
<br />TITLE AND 1145URANCJ — Title tD the product($) and n5x of loss Cr
<br />damage shall pass to Purchaser at the f.o.b. point, except that a security
<br />interest in the product(s) and proceeds and any replacement shall re•
<br />main In Company, regardless of models of attachment To realty or other
<br />property, until the full price nos been paid in cash. Purchaser agrees to
<br />do all acts necessary to perfect and ma!r aln said 5e(,07'I Mierest, and
<br />to protect Company's interest t:y adequately insuring the piooui:10
<br />against toss or damage from any external Cause W,M Company Maimed
<br />as,flsure,f or ca•,nswed,
<br />C Ci ,cis Pumps 's o Dranq of 1-7 gesrcential a-d orrmercial vVater.
<br />Engineered for life
<br />vvvvy q etg a #.jDrtt
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