WARRANTY DISCLAIMER. Power Dynamics, Inc. (hereafter, "PDI") makes no express or implied warranties,
including those of merchantability or fitness for a particular purpose,
with regard to goods and products not manufactured by PDI . With regard to products manufactured by PDI Pump &
Equipment, PDI warrants only that such products will be free of
defects in material and workmanship for a period of one year from
the shipment date. PDI makes no other express or implied warranties
with respect to such goods.
DUTY TO SELECT MATERIAL. To the best of PDI’s
knowledge the information contained in this publication is correct.
All information is based upon test and data provided to PDI by the
manufacturer. PDI does not assume any liability whatsoever for the
accuracy or completeness of such information. Final determination
of suitability is the sole responsibility of the user. The manner
of use is the sole responsibility of the purchaser, user and/or
their engineer.
TERMS OF SALE. Standard credit terms, upon the
approval of our credit department, are 1% 10 net 30 days. Prices
are subject to change without notice. Prices billed will be those
in effect at time of order. All invoices not paid within 30 days,
and credit accounts which are delinquent, shall be assessed a 1-1/2%
service charge (or the highest legal rate under applicable state
law) for each month the invoice is not paid for the account is delinquent.
No contractor or other discounts apply unless expressly agreed to
by PDI in writing or on the face of an invoice.
No credit terms shall apply unless expressly agreed to in writing
by PDI or on the face of an invoice.
TERMS OF DELIVERY. PDI’s standard terms
and conditions of sale include F.O.B. shipping point. This means
that title to goods transfers to the customer when material leaves
the shipping point. All freight damage or short shipment claims
must be filed with the carrier involved, by the customer. PDI will
assist in filing the claims when requested to do so by the customer.
Concealed damage or shortages must be reported to PDI within 10
days of receipt of material. All transportation charges from the
point of shipment of the purchased product are the responsibility
of the purchaser unless specifically agreed to by PDI. Transportation
charges will be made freight collect or prepaid and billed on our
invoice as freight and handling to the purchaser.
RETURNS & CANCELLATIONS. PDI recognizes that
both material returns and order cancellations are a part of normal
business activities and that an equitable arrangement must be established
between manufacturer, distributor, and end user to facilitate sales
while passing the associated costs of cancelled orders and returned
material to the responsible parties.
All returns are subject to prior written approval by and are at
the sole discretion of PDI. All return material requests must include
one of the following: the original customer purchase order number,
the PDI sales order number. Return goods criteria are primarily
based on the resale potential of the product as well as handling
and repackaging costs. Standard items carry a restocking charge.
Non-stock items are normally not returnable. If the product manufacturer
agrees to take the product return from PDI the return will be subject
to the terms and conditions of that manufacturer. PDI will always
attempt to represent the customers and manufacturer’s interests
in an effort to pass these costs on to the responsible party.
All returned material must be in new condition, in original packaging
and is subject to quality control inspection prior to acceptance.
All transportation costs to effect returns will be borne by the
party requesting the return. Any damage occurring in transit is
between the carrier and the party requesting the return. PDI will
assist in the resolution of such claims if requested to do so by
the requesting party.
PDI will deduct the amount of all approved returns from the invoice
or account of the purchaser, less any transportation of handling
charges. PDI reserves the right to refuse any goods returned to
PDI without prior written approval. Unauthorized returns shall remain
the purchaser’s responsibility and may be returned to the
purchaser at their expense.
All costs associated with any return or cancellation resulting
from an error or omission of PDI will be borne by PDI. PDI will
stand behind our commitment to the fair treatment of our customers
and suppliers.
DISCLAIMER OF DAMAGES FOR IMPROPER USE. PDI shall
not be responsible for damage to its products, or damage caused
by its products, resulting from improper installation, maintenance,
unintended use or attempts to operate such products beyond their
mechanical or electrical capacity, intentionally or otherwise, or
by reason of unauthorized repair.
DISCLAIMER FOR INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES.
PDI shall not be responsible for any incidental, special or consequential
damages caused by its products in any manner whatsoever.
FURTHER TERMS AND CONDITIONS OF SALE. All sales
by PDI are made by invoice. Each invoice, constitutes that the entire
agreement between purchaser and PDI and supersede any prior of contemporaneous
representations or agreements, written or oral. No additional oral
or written terms, including any attempts by the purchaser to alter
or modify an invoice or any other document relating to any sale,
shall become a part of an agreement without the express written
consent of PDI. |
