TERMS AND CONDITIONS OF SALE
SIGNODE PARTS AND SERVICE FOR MACHINES AND HAND TOOLS
The following Terms and Conditions are those under which Signode Service Business (“Signode”) offers to sell its products (“Products”) and services (“Services”). The sale of said Products and Services is expressly limited to, and made conditional upon, Purchaser’s acceptance of these Terms and conditions. These Terms and Conditions shall be the exclusive terms and conditions under which said Products and Services are sold and cannot be modified or amended except in a separate document executed by an authorized representative of Signode. No terms and conditions of any purchase order or invoice of Purchaser utilized in connection with the purchase of Products and Services shall, even if expressly so stating, be deemed to override these Terms and Conditions.
PRICING AND TERMS OF PAYMENT
Pricing is in U.S. Dollars and is subject to change without notice. Time of payment is of the essence. The Seller’s price on quotes provided to the Purchaser is good for 30 days. All orders that were not previously quoted are accepted subject to Seller’s price in effect at time order is placed.
SHIPMENT TITLE TRANSFER AND RISK OF LOSS
All deliveries of Products shall be F.O.B. shipping point. Shipment dates are approximate.
Seller shall not be held responsible for failure of or delay in delivery of, nor for failure or delay in accepting, goods or services hereunder if such failure or delay is due to act of God or the public enemy, war, governmental acts or regulations, fire, flood, embargo, quarantine, epidemic, strike, accident, unusually severe weather or other cause; either similar or dissimilar to the foregoing, beyond their control. In the event of failure or delay in delivery or acceptance of goods sold hereunder, or performance of services hereunder, written notice must be provided to the other.
WARRANTIES AND LIMITATIONS
I. Signode warrants that for a period of
a) one (1) year from the date of shipment for Signode special and/or general purpose equipment;
b) six (6) months for related Signode consumables (strapping and seals) from date of shipment;
c) ninety (90) days for Signode replacement parts (including conversions) from date of shipment; or
d) sixty (60) days for Signode tools from date of shipment
product sold to Purchaser by Signode will be free from defects in material and workmanship under normal use. During said Warranty period, Signode agrees to replace free of charge any Signode manufactured or purchased part or component which is determined to be defective. Signode may require that the defective part or component be sent to Signode, or its designated authorized representative, freight or postage prepaid. If Purchaser requests that Signode remove and/or replace said part or component, Signode shall have the right to charge Purchaser for such work at Signode’s regular service rates. Repairs to products must be made by a Signode authorized service representative; by Purchaser’s employees trained by Signode who apply Signode approved repair procedures; or in accordance with repair procedures set forth in the Product Service Manual provided by Signode.
II. Signode warrants that for a period of thirty (30) days from the date of services provided, the products repaired will be free from defects in material and workmanship when under normal and intended use.
III. This Warranty extends only to the original purchase from Signode and is not transferable.
IV. Signode warrants and represents that the products when used in accordance with instructions provided by Signode, will not infringe any patent or other proprietary right of any third party.
THESE WARRANTIES ARE EXPRESSLY CONDITIONED ON:
A.) THE PROPER INSTALLATION OF EQUIPMENT AS SUPERVISED BY AN AUTHORIZED SIGNODE SERVICE REPRESENTATIVE.
B.) EQUIPMENT AND TOOLS REPAIRED BY AN AUTHORIZED SIGNODE SERVICE REPRESENTATIVE.
C.) PURCHASER FOLLOWING THE SIGNODE PRESCRIBED MAINTENANCE SCHEDULE, OPERATING AND OTHER INSTRUCTIONS.
FAILURE TO FOLLOW THE ABOVE EXPRESS CONDITIONS SHALL VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES.
SIGNODE EQUIPMENT AND TOOLS ARE DESIGNED, MANUFACTURED AND TESTED USING SIGNODE MANUFACTURED STRAPPING, SEALS AND PARTS. USE OF NON-SIGNODE MANUFACTURED STRAPPING, SEALS AND REPLACEMENT PARTS WILL VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES. SIGNODE PRODUCTS THAT ARE MODIFIED OR ALTERED BY A PARTY OTHER THAN SIGNODE, MISUED OR ABUSED, SHALL ALSO VOID ALL WARRANTIES OTHERWISE APPLICABLE TO THE PRODUCTS OR SERVICES.
Disclaimer of Further Warranties
SIGNODE’S WARRANTIES AND REPRESENTATIONS ARE SPECIFICALLY LIMITED TO THOSE SET FORTH ABOVE. SIGNODE MAKES NO WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIGNODE MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED. IN NO EVENT SHALL SIGNODE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS OR GOODWILL, INCREASED COSTS OF OPERATIONS, OR COST OF SUBSTITUTE GOODS) EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES, WHETHER OR NOT BASED UPON SIGNODE’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILTY IN TORT OR ANY OTHER CAUSE OF ACTION.
Prior approval must be obtained to return any Product. Signode will assign a return authorization number and record the reason for the return. Upon authorization from the Buyer a replacement part will be shipped and invoiced by Signode. Signode will examine returned Product to determine the actual cause, if any, leading to Buyer’s return. If the Product has a manufacturing defect, Signode, in its sole discretion, may issue a credit for the returned Product.
CONFIDENTIAL AND PROPRIETARY INFORMATION
Specifications, drawings, manuals and other technical information relating to the Signode Products provided by Signode to Purchaser contain proprietary and confidential information (“Information”) of Signode. Purchaser shall not disclose, give, send, exhibit or sell the Information to third parties, or use the Information other than for the operation and maintenance of the Products as instructed by Signode, without the prior express written permission of Signode.