1. PURCHASE ORDER TERMS, CONDITIONS OR PROVISIONS INCONSISTENT WITH THOSE ON THIS ORDER ARE HEREBY OBJECTED TO AND DEEMED INEFFECTIVE – All terms, conditions and provisions (whether printed, stamped, typed or written) on customer’s purchase order or other communication (except the description and specification of goods ordered, quantity, price, purchase order number, shipping instructions and tax exemption certificates) are rejected. In lieu thereof, the terms, conditions and provisions contained in this document shall govern all orders and shall be the only terms and conditions applicable to this sale. An acknowledgment of any such order or communication, or the making of deliveries pursuant thereto shall not be construed as an acceptance or approval of any terms, provisions or conditions printed, stamped, typed or written on such order or communication inconsistent with those herein set forth.
No waiver, alteration or modification of the terms and conditions on this order shall be binding unless in writing and signed by an officer of Oil-Rite LLC (the “Company”). The Company reserves the right to correct clerical or stenographic errors in quotations, orders, acknowledgments, invoices or other documents.
BUYER ACKNOWLEDGES THAT THE COMPANY IS ONLY WILLING TO PROVIDE GOODS UNDER THE TERMS AND CONDITIONS CONTAINED HEREIN.
2. PRICES AND DESIGN of goods are subject to change without notice. In the event of any changes in specifications, prices will be increased or decreased based on the materials, labor, engineering, overhead and other factors involved, with due consideration for work done prior to the change. Orders valued at less than $50 will automatically be adjusted to the minimum $50 order amount. The minimum order amount increases by $50 for each additional shipping location.
3. DELIVERIES are subject to strikes, floods, fires, accidents, acts of God, or other causes or conditions beyond the Company’s control. Under no circumstances shall the Company be liable for any incidental, punitive, indirect, special or consequential damages, or any lost profits of buyer or any customer of buyer.
4. PENALTIES – No penalties referred to in any purchase order or specification shall be effective unless approved in writing and signed by an officer of the Company.
5. DAMAGES IN TRANSIT are the responsibility of the transportation company, and all claims must be made directly to said company. Orders are shipped as follows: (a) FOB Manitowoc, Wisconsin, for all domestic shipments; (b) EXW for all international or export shipments.
6. CLAIMS for shortages, deductions or corrections must be presented within ten days after receipt of goods. No return of goods can be accepted without advance written permission. Title to all goods ordered, and risk of loss thereon, shall pass to the buyer upon delivery of the goods to the carrier for shipment. Delivery to the carrier shall be construed as delivery to the buyer.
7. NO RETURN of goods will be accepted without the written permission of the Company and a return goods authorization number. A twenty-five percent (25%) restocking charge, but not less than a $50.00 minimum restocking charge, will apply to all returns.
8. SPECIAL ORDERS for goods not listed in the Company’s catalog or any modified catalog items cannot be cancelled or returned. The Company may, in its sole discretion, consider a cancellation or return request. Buyer agrees to accept overages or shortages in quantity not to exceed 5% and agrees to pay for any additional goods on a pro-rata basis. If this document calls for buyer to furnish materials for production of goods, an allowance of 5% shall be provided to account for reasonable spoilage and scrap. In addition, any materials must be of suitable quality to facilitate efficient production by the Company. Any deficiency in the quantity or quality of material supplied by buyer will be remedied by the Company at buyer’s expense.
Buyer assumes all liability for, and agrees to fully indemnify the seller against, any and all claims for patent, copyright, or other intellectual property infringement when goods are manufactured to the buyer’s specifications.
9. LIMITED WARRANTY
What Does This Warranty Cover? This warranty covers any defects in material and workmanship when the Company’s product(s) is or are used and installed according to the Company’s recommendations and instructions.
How Long Does The Coverage Last? For one year after the invoice date of the Company’s product(s). If any Company product delivered to buyer is claimed by buyer to be defective, then buyer shall, within thirty (30) days after the date of shipment of the product to buyer, notify Company in writing, at Company home office in Manitowoc, Wisconsin, stating full particulars in support of buyer’s claim.
What Will the Company Do? The Company will replace or repair any defective product(s) at no charge. The Company may, in its sole discretion, designate a factory representative to inspect any allegedly defective product(s) at buyer’s location or plant.
What Does This Warranty Not Cover? Any problem that is caused by abuse, misuse, or an act of God (such as a flood) are not covered. Any product(s) that have been altered with parts not provided by the Company are not covered. Any product(s) that have been repaired by persons or entities other than the Company are not covered. Also, consequential and incidental damages are not recoverable under this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
How Do You Get Service? In order to be eligible under this warranty buyer MUST contact the Company and obtain written permission to return any product(s) for repair or replacement.
If something goes wrong with the product(s), contact the Company as provided above using the following address or such other address as the Company may specify:
Oil Rite Corporation
4325 Clipper Drive
P.O. Box 1207
Manitowoc, WI 54221-1207
The Company will review any requests and contact buyer within 5 business days to discuss the repair or replacement of any products.
There is no charge for contacting the Company about warranty repair or replacement. However, Buyer shall be responsible for shipping any goods to the Company.
How Does State Law Apply? This warranty gives buyer specific legal rights. Buyer may also have other rights which vary from state to state.
10. COMPANY RECOMMENDATIONS AND FIELD TESTING – Lubricating equipment recommended by the Company for specific applications of Buyer should be field-tested by buyer in order to expose the goods to their operating conditions. These tests will bring out any possible deficiencies that the Company cannot foresee. After conclusion of said tests, it is buyer’s sole decision to adopt or reject any of the Company’s recommendations.
The Company makes its best efforts to select and suggest equipment suitable to buyer’s applications. However, the Company cannot be held responsible for damages resulting from any recommendations. Buyer should specify the exact equipment needed and the Company will comply with those specifications.
11. LAW – The rights and duties of all persons and the construction and the effect of all provisions hereof shall be governed by and construed according to the laws of the State of Wisconsin (exclusive of Wisconsin’s conflicts of laws rules).
12. BLANKET ORDERS – Prices on blanket orders are firm for quantity ordered and shipped within twelve months After Receipt or Order (ARO) of blanket agreement, hard copy required. Prices may be subject to increase or decrease based on actual shipments. Because of the special nature of blanket/special orders a +/- five percent variance in manufacturing of this product applies. Prices are From our Building (FOB) unless otherwise agreed upon. Prices include ordinary domestic packaging.
13. SEVERABILITY – If any of these terms and conditions are held invalid the remainder shall not be affected thereby.
