Terms & Conditions of Sale
This Quotation hereof is subject to the following terms and conditions:
1. Assignment. The Buyer's rights and interests in this Contract shall not be assigned nor the Buyer's duties hereunder delegated without the express, prior written consent of The Peerless Group ("Peerless") or its designated agent.
2. Delays. Peerless will not be liable for any delay in performance of this Contract or delivery of goods, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by fires, floods, accidents, riots, acts of God, war, governmental interferences, supplies, transportation delays, or any other cause or causes whatsoever beyond its control. In the event delay is caused by Buyer's failure to furnish necessary information with respect to data and details for Buyer's determination, Peerless may extend the date of shipment for a reasonable time in proportion to the period of Buyer's delay. Peerless reserves the right to adjust the purchase price to reflect current prices if shipment of the equipment occurs, through no fault of Peerless, more than six months after date of receipt of this proposal. In the event delay in shipment caused by Buyer or at Buyer's request, Peerless may invoice (i) material ready for shipment and payment shall be made in accordance with the stated payment schedule and (ii) storage charges at a rate of 1% per month of the full equipment price starting from agreed upon ship date.
3. Taxes. Buyer will pay promptly all property, sales, use or other taxes on this transaction or the machinery, whether imposed upon the Buyer of Peerless, and until paid the same will be considered an obligation under this Contract.
4. Security Agreement. Buyer hereby grants to Peerless a purchase money security interest in the machinery described in this Contract to secure the payment of Buyer's obligation to Peerless under this Contract. In the event Buyer defaults in the payment of any installment required to be paid under this Contract and the default continues for a period of ten (10) days after written notice to Buyer, all unpaid installments shall, at the option of Peerless, become immediately due and payable. In addition to the right of acceleration of the installments, Peerless may pursue any and all remedies available under the Uniform Commercial Code in effect in the State of Ohio on the date of this Contract. Upon request, Buyer will execute and deliver to Peerless a Financing Statement covering the terms of this Security Agreement. In the event Buyer refuses, this Contract shall serve as such Security Agreement.
5. Construction. This Contract constitutes the entire agreement between the parties and shall be construed in accordance with the laws of the State of Ohio. Buyer agrees to submit to the jurisdiction of the State of Ohio in the event a dispute arises hereunder. The failure of either party to require the performance of any term of this Contract or the waiver by either party of any breach under the Contract shall not prevent a subsequent enforcement of the term nor be deemed a waiver of any subsequent breach.
6. Warranty. Peerless will warrant the equipment in accordance with attached Warranty page.
7. Customer Modifications. Buyer will hold Peerless harmless from any liability regarding modifications performed by either the Buyer or its subcontractor including Buyer supplied electrical components, electrical wiring and mechanical components.
8. Freight. All shipments coordinated by Peerless (prepaid and add) will be invoiced freight cost plus 10% shipping and handling charge.
9. Non-payment. Accounts that are more than thirty days overdue shall incur interest charges at the rate of 1.5% per month on the unpaid balance.
THE PEERLESS GROUP WARRANTY
The machinery manufactured by THE PEERLESS GROUP ("Peerless") will be free from defects in material and workmanship for a period of one (1) year after shipment of machinery from Peerless. The machinery, when properly installed, operated, maintained and managed by Buyer will operate as described in the manual furnished by Peerless.
At the discretion of Peerless, Peerless will replace (F.O.B. place of shipment) or repair, excluding installation, any defective material or workmanship, provided that Peerless receives written notice of the claimed defect within one (1) year after shipment of the machinery from Peerless.
Peerless reserves the right to inspect any claimed defect, repair defective equipment or install replacement parts and to perform any adjustment incident to satisfactory operation of the machinery.
This Warranty shall not apply to any equipment that has been improperly operated, maintained, repaired or altered by persons other than Peerless. Equipment damaged by misuse, neglect or accident shall not be covered by this Warranty.
THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXTEND BEYOND THOSE SET FORTH HEREIN. THE LIABILITY OF PEERLESS SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT WHICH REPAIR OR REPLACEMENT SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY. PEERLESS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FAILURE OF THE EQUIPMENT TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS. PEERLESS SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE FOR THE COST OF RAW MATERIALS USED OR LOST IN TESTING OR EXPERIMENTAL OPERATIONS OF ANY EQUIPMENT SOLD, WHETHER SUCH TESTING OR EXPERIMENTATION IS COMPLETED UNDER THE SUPERVISION OF A REPRESENTATIVE OF PEERLESS OR OF AN EMPLOYEE OR OTHER REPRESENTATIVE OF THE BUYER.
1 YEAR WARRANTY ON OEM/OFF-THE-SHELF COMPONENTS
Company provides a one (1) year warranty on OEM/Off-the-Shelf components including, but not limited to: motor, reducer, operator screen, PLC, 2-speed starter/VFD. This does not include customer misuse failures or ordinary wear items such as roller bar bushings, seals, bearings, o-rings, carrier chains, drive chain or belt, etc.
If any Peerless supplier/off-the-shelf provider provides an extended warranty beyond one (1) year, this will be directly passed along to the customer.