Terms and Conditions of Sale

GENERAL – It is the obligation of a manufacturer, described hereafter as, “the company” or “Sellers Manufacturing Co.”, to establish terms and conditions of sale, which have proved to be in the best interests of both the company and the Buyer.  These terms and conditions of sale shall supersede any of the Buyer’s additional or inconsistent terms and conditions of purchase. Deviations or additions to the terms and conditions of sale contained herein must be requested in writing. Sellers Manufacturing Co. must receive requests within 10 days of date of order acknowledgement. All charges are subject to acceptance by Sellers Manufacturing Co.

TERMS OF SALE – Terms on all “part sales” are NET. Terms of sale for “equipment” to customers with approved credit is described on the quotation sheet; otherwise, it is Net 30 days. Customers without previous or current credit experience with the company should provide payment provisions or credit information with their order to avoid delay in shipment. Any unpaid invoices after 30 days are subject to an interest charge of 2% per month on unpaid balances, an effective annual rate of 24%. All costs of collection are agreed to be paid by the invoiced customer inclusive of court costs, reasonable attorney fees, 3rd party collection fees and other miscellaneous costs.

TERMS OF SHIPMENT – Shipment shall be FOB Sellers Manufacturing Co. factory or place of manufacture. Shipping dates will be approximate to the best of the Company’s ability. Sellers Manufacturing Co. shall not be liable for any loss, damage or delay in delivery due to causes beyond its control. Such causes include fire, strikes, flood, fuel shortage, material shortage, war, acts of civil or military authority or any other cause whatsoever beyond control of the Company.

TITLE AND DAMAGE CLAIMS – Title shall remain with Sellers Manufacturing Co. as security only until full payment for the equipment has been made. All claims for breakage or damage in shipment or handling, whether concealed or not, must be made to the carrier by the Buyer as soon as possible after receipt of the shipment. The Company will give reasonable assistance in prosecuting such damage claims.

PATENTS – The Company agrees to defend and hold Buyer harmless in event of any suits instituted against the Buyer for infringement of United States Patents covering the purchased equipment. The Buyer shall immediately notify the Company of any such suit and shall permit the Company to settle same by providing information and assistance where required.

LIABILITY – The Company’s liability shall be limited to the price the Buyer paid for the equipment.

WARRANTY – The Company warrants the equipment shall be free of manufacturing defects in material and workmanship at the time of shipment and that it shall perform in accordance with literature and/or submittal data as provided by the Company. The warranty is conditional upon the equipment being properly installed and operated under normal conditions. Defects shall be reported in writing within 30 days. The Company shall promptly act to replace or repair, at its option, any component, which becomes defective within 18 months from the date of shipment of a unit or 12 months from the date of shipment of a purchased part. Warranty replacements shall be FOB the Company’s factory. The Company shall not be responsible for labor or installation costs of warranty replacements. The Company will not reimburse expenses incurred by the Buyer to replace, repair or return defective items. Repairs made without prior authorization by the Company will void this warranty. Special extended warranties on specific components are shown on separate warranty forms when applicable. There is no warranty of fitness for a particular purpose. This warranty is in lieu of all other warranties oral or expressed or implied.

RETURNS – All sales are final. Returns may be allowed at the sole discretion of the Company and must be authorized in advance in writing by the Company.

TAXES – In addition to the purchase price, Buyer shall pay any excise, sales, privilege, use or other taxes, local, state or federal, which the Company may be required to pay arising from the sale or delivery or use of the equipment.

GENERAL EXEMPTIONS BEYOND THE SCOPE OF NORMAL RESPONSIBILITIES OF A MANUFACTURER OR SELLER – The Company assumes no responsibility for the design or operation of the system to which the equipment furnished is attached. The Company shall not become a party to the Buyer’s contract with the owner nor share any responsibility whatsoever under any general conditions applicable only to the Buyer. The responsibility of Sellers Manufacturing Co. is strictly limited to furnishing equipment, which is in accord with that described in the approved literature and/or submittal data. The equipment will be manufactured to comply with the National electrical Code and will be inspected and labeled showing compliance with Underwriters Laboratories and the American Society of Mechanical Engineers Codes or Insurance Association Codes where ordered and where applicable to the specific equipment. It is the responsibility of the Buyer to specify special terms, which may be desired or required by local Codes or OSHA Standards or other regulations as determined by Buyer’s use of the equipment.


Rev 1 MAY 2016

Copyright © 2017 Sellers Manufacturing. All Rights Reserved.