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1. ACCEPTANCE
This document is not an expression of acceptance or confirmation of any
terms or conditions contained in Purchaser's request for quotation or
similar document. Seller's offer set forth herein to supply products to
Purchaser is conditioned upon Purchaser's assent to all of the terms and
conditions contained herein. Purchaser's assent shall be deemed to have been
given in any one or more of the following ways: (i) the submission by
Purchaser of a purchase order with respect to any one or more of the
products enumerated herein notwithstanding the inclusion of additional or
inconsistent terms thereon all of which are hereby rejected; (ii) the
submission by Purchaser to Seller of any instructions relating to the
products; (iii) acceptance by Purchaser of the products; (iv) any other
conduct by Purchaser consistent with the existence of an agreement whereby
Seller is to supply products on the terms and conditions stated herein.
2. QUANTITIES
The prices, deliveries and reels listed in this quotation are based on the
quantities indicated. If the quantities ordered, or released for production,
or the number of reels required, differ from those listed, we reserve the
right to revise our quotation accordingly.
3. LENGTHS
If lengths longer than those quoted, or exact lengths, with no tolerance are
ordered, price revision may be required.
4. ACCEPTANCE PERIOD
Prices quoted herein unless otherwise specified must be accepted within 30
days. After 30 days, or in the event of a Declaration of War or a National
Emergency, prices are immediately subject to renegotiation.
5. SALES AND SIMILAR TAXES
These prices do not include sales, use, excise or similar taxes,
consequently, in addition to the prices specified herein, the amount of any
present or future sales, use, excise or other similar tax applicable to the
sales of the products hereunder shall be paid by the Purchaser.
6. FACTORY ACKNOWLEDGMENT
All orders are subject to written acceptance at our factory. Once an order
is accepted by Seller, and in production, changes or cancellations may be
subject to a charge for the work performed.
7. RISK OF LOSS
Products shipped at Purchaser's risk where terms are F.O.B. shipping point -
not insured unless so ordered.
8. INSPECTION and SHIPPING RELEASE
(Except Paper Power Cable) If this quotation results in an order which is
released by the Purchaser for processing, the Purchaser agrees to inspect
and/or release the products for shipment within thirty (30) days after
receipt of notification from Seller that processing of products has been
completed. If the Purchaser does not release the products for shipment
within said (30) thirty days, Seller reserves the right to invoice the
Purchaser for the products. Seller further reserves the right to invoice the
Purchaser and additional charge for storage at 1% of the selling price per
month effective thirty (30) days after notifying the Purchaser that
processing has been completed.
9. DELAY
Seller shall not be liable for any delay in performance or in the delivery
or shipment of products hereunder or for any damages suffered by Purchaser
by reason of such delay, when such delay is directly or indirectly, caused
by or in any manner arises from fires, floods, accidents, riots,
mobilizations, war, rebellions, revolutions, blockades, hostilities,
governmental regulations, requirements, restrictions or interference,
embargoes, strikes, lockouts, differences with workmen or other industrial
disturbances, inadequate transportation facilities or other difficulties,
shortages of labor, fuel, material supplies or power, or any other cause or
causes (whether or not similar in nature to any of those herein before
specified) beyond Seller's control. This order shall be deemed to be
suspended so long as any such causes prevent or delay the execution. Seller
agreeing to make and Purchaser to accept deliveries whenever such causes
have been remedied. Seller's delivery date is its best estimate and Seller
shall endeavor to deliver by such date, however, such date shall not limit
or commit Seller to deliver by such date.
10. REELS
Non-returnable type reels are used whenever possible. When cable must be
shipped on returnable type reels., they are not included in price of cable,
but are charged separately and shall be paid at the amount charged, net
thirty (30) days, without discount. If such reels are returned to the point
of origin or other specified location in good condition, freight collect, a
percentage of the deposit will be refunded according to the terms below:
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Time from Date of Shipment
0 - 1 years
1 - 2 years
Over 2 years
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Percent of Refund
100%
75%
Contact Okonite to arrange partial refund. |
The toll free number to call for reel return
instructions is (800) 631-7188. Any such reels requiring repairs will be
accepted at the option of Seller, in which case a reasonable charge for
repair will be deducted from the amount of the refund. No credit will be
allowed for return of wood lagging.
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11. WARRANTY AND LIMITATION OF LIABILITY
(a) WARRANTIES: Seller hereby extends the following warranties, subject
in each case to the remedy and limitations set forth respectively in
subparagraphs (b) and (c) below:
(i) For Paper Power Cable Only
All of Seller's paper power cable is manufactured and tested in
accordance with the A.E.I.C. Impregnated Paper Insulated Cable
Specifications in effect at the date hereof. Seller agrees to
replace (supply new cable) for (1) any length of cable found
defective in material or workmanship during the installation of the
cable or (2) any length of cable failing during normal and proper
use within one year of the date of placing in service which shows
defects in materials or workmanship, provided in each case that
immediate written notice of such failure is given to the
manufacturer and that he is given all reasonable opportunity to
inspect such failure. The date of placing in service is to be
interpreted as the date on which operating voltage was first
applied, but in no case shall it be later than six months after the
shipment of the cable from the factory or, if shipment is delayed at
the request of the purchaser, not later than six months after
completion and preparation for shipment.
(ii) For Submarine
Cable Only
Owing to the hazards attending the installation and operation of
submarine cable. Seller's warranty shall terminate when the cable has
successfully met the factory tests prescribed by the specifications under
which the cable was manufactured.
(iii) All Other Products
Seller warrants
that any products of its own manufacture will be free from defect in
materials or workmanship for a two year period commencing with the date of
shipment to the Purchaser.
(b) REMEDY: Seller will replace any products of
its own manufacture which fail to meet the applicable warranty set forth in
subparagraphs (a) above. All products which have been replaced by Seller
shall become the property of Seller and shall be made available by Purchaser
at Purchaser's site.
(c) LIMITATION OF LIABILITY:
Except as set forth in
subparagraphs (a) and (b). NO OTHER WARRANTY OR REMEDY, EXPRESSED OR IMPLIED
(INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS)
SHALL EXIST IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE OR USE OF ANY
OF THE PRODUCTS DESCRIBED HEREIN. IN ADDITION, SELLER'S WARRANTY DOES NOT
COVER AND SELLER SHALL HAVE NO LIABILITY WITH RESPECT TO: (i) Matters not
reported to Seller in writing within two years (two months in the case of
submarine cable) of the date of their shipment by Seller to Purchaser, (ii)
Failure or damage due to misapplication, abuse, improper installation,
corrosive matter or abnormal conditions of use, (iii) Products which have
been altered in any way after leaving Seller's plant, (iv) The fitness of
the products sold for the purpose or use intended by Purchaser, (v) Products
damaged in shipment or otherwise damaged through no fault of Seller, (vi)
Expenses incurred by Purchaser for installation of products prior to
discovery of the alleged defect or expenses incurred in an attempt to
correct the same, (vii) Expenses incurred by Purchaser for removal of
non-conforming products and/or expenses for the installation of replacement
products, (viii) Products which are not of Seller's manufacture but Seller
will assign to Purchaser any warranties extended by the manufacturer in
question, (ix) Commercial loss of any kind including loss of use of
Purchaser's facility, interruption, loss of time, inconvenience, liabilities
of Purchaser to its customers or other third parties and all other direct or
indirect consequential damage, loss, cost or expense, (x) Products which
Seller is not afforded a reasonable opportunity to inspect and test after
Seller has received notice of alleged defects. (xi) Failure or damage which
can not conclusively be proven to have proximately and solely resulted from
defect in materials or workmanship.
12. RETURNS
No returns of products
accepted unless previously authorized in writing.
13. DEFINITIONS
“Seller”
shall refer to The Okonite Company; “Purchaser” shall refer to the person
indicated on the face of this form in the space entitled “Quotation Prepared
For”.
14. UNPAID INVOICES
Seller may refuse to ship any products
contemplated herein if Purchaser is delinquent in the payment of any
invoices or other indebtedness owing to Seller. A service charge of 1 % per
month (18% per annum) will be imposed by Seller on all past due invoices.
15. ESCALATION
Prices quoted herein are those in effect today, and are
predicated on immediate release for manufacture and shipment as soon as
completed. Unless otherwise noted, these prices shall be adjusted only for
changes in the price of metals (copper, steel, lead or aluminum), which may
occur between the date of quotation and the dates shipments are made |
