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Morpac Industries, Inc. Sidebar Condition of Sale & Warranty - Morpac Switch Division

WARRANTY
1 YEAR

The Company warrants to the purchaser that the apparatus to be delivered hereunder will be free from defects in material, workmanship, and title and will be of the kind and quality designated or described in the contract. The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral, or implied (including any warranty or merchantability of fitness for purpose). If it appears within one year from the date of energization, not to exceed six month from date of shipment, by the Company that the apparatus delivered hereunder does not meet the warranties specified above and the Purchaser notifies the Company promptly, the Company shall thereupon correct any defect, including nonconformance with the specifications, at its option, either by repairing any defective part or parts or by making available at the Company's plant a repaired or replacement part. The conditions of any tests shall be mutually agreed upon, and the Company shall be notified of, and may be represented at all tests that may be made. The liability of the Company to the Purchaser (except as to title) arising out of the supplying of the said apparatus, or its use, whether on warranty, contract, or otherwise, shall not in any case exceed the cost of correcting defects in the apparatus as herein provided and upon the expiration of said one year, all such liability shall terminate.

Repair or replacement, as provided under this warranty, is your exclusive remedy. Morpac Industries shall not be liable for any incidental or consequential damages. Some states/countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some states/countries do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state and country to country.

FREIGHT: Freight costs are generally the responsibility of the buyer but orders over a predetermined qualifying amount may be prepaid and allowed. Because of increasing freight costs the qualifying amount is subject to change. Please contact Morpac for the current minimum qualifying amount. Products shipped on truck via common carriers FOB origin. Morpac will file any freight claims as long as any loss or damage is noted on the receiving copy of the freight bill. Damage that is not noted at time of receiving can not be paid by Morpac.
SALES TAX: The Company's prices do not include sales, use, excise, or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise, or other similar tax applicable to the sale of the apparatus hereunder shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide the Company with a tax-exemption certificate acceptable to the taxing authorities.
RETURNS &
CANCELLATIONS:
Factory written approval is required for all returns. Returns are subject to freight and restocking charges. Cancellation charges are based on manufacturing and engineering costs incurred as of the date of cancellation.
FIELD SERVICE: Field Service Technicians are available through your local representative for $800.00 per day plus expenses.
EXPORT: Export crating costs an additional 10% of quoted price, and freight will be billed to purchaser.
DELIVERY: Shipping dates are approximate and are based upon prompt receipt of all necessary information. The Company shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control, or (2) due to acts of God, acts of the Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation, or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components, or manufacturing facilities. In event of any such delay the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
LIMITATION OF LIABILITY: In no event shall the Company be liable for special or consequential damages. The Company's liability or any other claim for loss or liability arising out of or connected with this contract, or the manufacture, sale, delivery, resale, or use of any apparatus covered by this contract (including, but not limited to, loss or liability arising from breach of contract) shall in no case exceed the unit price of such apparatus or part thereof involved in the claim, except as provided in the paragraph entitled "Warranty".
MINIMUM ORDER: A minimum charge of $100.00 is required on all orders.
SPARE PARTS: Morpac recommends that no spare parts be purchased until needed. We can ship any part commonly needed in 24 hours from our stock.

 

 
Morpac Industries, Inc. - 2725 East Ginter Road - Tucson, AZ 85706-5926
Phone 520-294-3452 - FAX 520-294-3332 - E-mail: switches@morpac.com
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