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. Title will be transferred to Purchaser upon Signode’s receipt of full payment.
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
(1) For parts Signode warrants that, for a period of 90 days (30 days for tool parts) from date of shipment of the Products (“Warranty Period”), the Products will be free from defects in material and workmanship under normal use. During said Warranty Period Signode agrees to replace, free of charge, related Signode Product which is determined to be defective. Signode may require that the defective part or component be sent to Signode freight or postage prepaid. If the Purchaser requests that Signode remove and/or replace a part or component, Signode shall have the right to charge Purchaser for such work at Signode’s regular Service rates.
This Warranty extends only to the original purchase from Signode and is not transferable.
(2) For repair services Signode warrants that, for a period of 30 days (90 days for conversions) from the date of service (“Warranty Period”), the Products repaired will be free from defects in material and workmanship under normal use. During said Warranty Period Signode agrees to replace and install, free of charge, related Signode Product which is determined to be defective. Signode may require that the defective part or component be sent to Signode freight or postage prepaid.
This Warranty extends only to the original purchase from Signode and is not transferable.
(3) 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 AND REPRESENTATIONS DO NOT APPLY IF SIGNODE’S PRODUCTS ARE USED WITH TOOLS OR MATERIALS WHICH DO NOT MEET SIGNODE DESIGN SPECIFICATIONS, OR IF THE PRODUCTS ARE ALTERED, MISUSED OR ABUSED, OR IF THE USER FAILS TO FOLLOW SIGNODE OPERATING INSTRUCTIONS.
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. IN NO EVENT SHALL SIGNODE BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES (INCLUDING LOSS OF PROFITS, BUSINESS, OR GOODWILL), EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. SIGNODE’S SOLE OBLIGATION TO THE PURCHASER FOR ANY BREACH OF THE WARRANTIES AND REPRESENTATIONS OR DAMAGES RESULTING FROM THE USE OF THE PRODUCTS, SHALL BE THE ACCEPTANCE OF, THE RETURN OF THE PRODUCT AND THE REFUND OF THAT PORTION OF THE PURCHASE PRICE PAID BY PURCHASER TO SIGNODE OR REPLACEMENT OF DEFECTIVE PRODUCTS OR PARTS AND COMPONENTS AS EXPRESSLY PROVIDED FOR IN PARAGRAPH (1) ABOVE.
RETURN POLICY
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.
