LIBERTY PROCESS EQUIPMENT, INC.
TERMS AND CONDITIONS OF SALE
Liberty Process Equipment, Inc. (hereinafter “Liberty ”) warrants the products it supplies only against defects in material and workmanship under normal use and proper installation and service for a period of one year from the date of shipment. Liberty’s liability and its customer’s exclusive remedy under this warranty or any other warranty express or implied, is expressly limited to the purchase price, repair or replacement, at Liberty’s option, during said period, upon prompt written notice and proof of the defects satisfactory to Liberty and upon the Purchaser returning such products to the factory or warehouse designated by Liberty at Purchaser’s expense.
Liberty does not guarantee the suitability of any pump or part for a particular operation and shall not be liable for any incidental or consequential damage or expense (including without limitation loss of profits) arising from a breach of the foregoing warranty or misuse of its products.
This warranty does not apply to products altered or repaired by others, nor will Liberty reimburse Purchaser for any such alteration or repair.
Failure due to normal wear, misapplication, misuse, abuses or modifications not in compliance with manufacturer instructions are excluded from this warranty. There are no express warranties other than those contained in this agreement, and all other representations or affirmations made, including drawings or models shown, were for illustrative purposes only.
All decisions as to the cause of failure are the sole determination of Liberty.
Prior approval must be obtained from Liberty for return of any items for warranty consideration. A Return Goods Authorization Number obtained from Liberty must be marked on items, which must be shipped freight prepaid.
If an item is returned and the problem is not one of defective material or workmanship, Liberty will impose a minimum handling fee of $100.00 plus the cost of any parts used in the repair. Returned parts that are found to be unusable will be returned at the purchaser’s expense. Parts or pumps that are returned without authorization from Liberty will not be considered for warranty and will be returned freight collect.
THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO QUALITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY AGAINST THE LIBERTY SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AS PROVIDED HEREIN. THE PURCHASER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER. UNDER NO CIRCUSTANCES SHALL LIBERTY’S LIABILITY, WHETHER FOR FAILURE TO DELIVER, BREACH OF AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, EXCEED THE PURCHASE PRICE OF THE PARTICULAR GOODS IN QUESTION.
Integrity of Serial Number:
Since the serial number tag on Liberty products clearly designates its composition and type, Purchaser shall not remove, cause or permit to be removed, a serial number tag without prior written approval. In the event that a serial number tag is removed, or the components of the pump changed, customer agrees immediately to re-tag the pump to indicate clearly the correct composition and components of the pump and that its source of origin is Liberty.
Modification of Product:
If the Purchaser or end user modifies any product sold by Liberty without the express written consent of Liberty or fails to implement any changes of the product as directed by Liberty, such modification renders the warranty herein null and void and the customer agrees to indemnify and hold Liberty harmless from any and all claims, demands, actions, or costs or expenses incurred from these modifications. Changing one genuine manufacturer’s part for another does not constitute a modification hereunder.
Use of Non-Genuine Parts:
If the customer introduces a non-genuine part or parts (not made by the manufacturer of the pump), or otherwise purchases products not manufactured, sold or used to assemble Liberty products, the Liberty warranty does not cover such parts, or pumps including such parts, Liberty has no liability for any damage, direct, consequential, incidental, caused by such parts or pumps.
ACCEPTANCE OF ORDERS/CANCELLATION CHARGES:
All orders are subject to acceptance by Liberty. When orders are accepted, they will be acknowledged by Liberty, unless the products are to ship immediately, in which case acceptance will be rendered upon shipment of goods. The acceptance and acknowledgment or shipment of an order by Liberty should not be construed as certification that a product will meet the requirements of the Occupational Safety and Health Act (OSHA).
Delivery dates are not guaranteed and late delivery penalties will not be accepted unless agreed to in writing by Liberty at the time of order acceptance.
In the event an order is canceled after it has been accepted and acknowledged or shipped, a cancellation charge based on the percentage of work performed will be assessed. The minimum charge for any canceled order is 15% of the Net Price.
PUBLISHED PRICES AND TERMS:
The published prices for all products sold by Liberty are subject to change without notice. Liberty reserves the option to invoice at its prices in effect at time of shipment. All prices exclude sales, excise, use or other taxes, all of which are for the customer’s account. Prices, unless otherwise stated, are F.O.B. Arlington Heights, Illinois. Minimum amount invoiced for each order is $50.00 Net.
Special quotations may be obtained from Liberty for the products not covered by published prices. Such special quotations are firm for thirty days after the date of quotation.
Except for shipments placed with UPS and Parcel Post, all United States and Canadian shipments are freight collect. No matter what method of shipment is used, the risk of loss transfers to the Purchaser at Liberty’s dock or other point of shipment if not shipped from Liberty’s facility.
All shipments are made with terms of net payment within 30 days from the date of invoice unless otherwise agreed to in writing by Liberty. A late payment charge of 1.5% per month will be added to all past due accounts.
Upon request, up to ten standard outline dimension drawing copies are furnished by Liberty for the products on order. Sepia type reproducible copies of outline dimension drawings are furnished at a charge of $5.00 each.
INSTRUCTION AND PARTS LISTS:
One copy of the manufacturer’s standard Instruction and Parts’ List is packaged and shipped with each pump. Additional copies are available upon request with a maximum of five (5) copies at no charge.
FACTORY INSPECTION, TESTS, ETC.:
When certified test reports are required, the manufacturer will test equipment performance under simulated conditions agreed upon with the customer. All special factory inspections, certified performance test, etc. must be submitted to Liberty for quotation.
Liberty’s terms and conditions supersede any terms and conditions provided by any customer terms and conditions of purchase. Liberty will not be bound by any terms and conditions other than the above unless specifically agreed to in writing prior to placement of any orders.
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*Liberty Process Equipment, Inc. is not affiliated with nor distributor for Seepex®, Allweiler®, Moyno®, Tarby®, Netzsch®, or Continental Inc.® All referenced product names, brands, models, or part numbers is solely for identification purposes. Seepex® is a registered trademark of Seepex®. Moyno® and Tarby® are registered trademarks of Robins and Myers® and NOV®, Netzsch® Incorporated is a registered trademark of the Netzsch® Group, Allweiler® is a registered trademark of Colfax® Corporations Continental® Pumps is a Trademark of Continental® Ultra Pumps.