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aloy 30170/L Primary System Price list•Effectiv 130197•Supersedes 111196
<br /> ANDARD TERMS AND CONDITIONS OF SALE
<br /> in the event Buyer's Purchase Order states terms additional to or different from these Terms and Conditions of Sale, then Seller's acknowledge-
<br /> ment in accordance with the terms hereof shall be deemed a notification of objection to such additional and/or different terms; or, in the event
<br /> such Purchase Order expressly limits acceptance to its terms, then Seller's acknowledgement in accordance with the terms hereof shall be
<br /> deemed a rejection of Buyer's offer to purchase. In any event, Seller's acknowledgement shall constitute an offer to sell which may be accepted
<br /> only in accordance with its terms and without modification, addition or alteration.The failure of Buyer to deliver notification of objection to these
<br /> Terms and Conditions of Sale within a reasonable time shall be formed only upon such Terms and Conditions of Safe.
<br /> 1. All invoices are net and due and payable 30 days from date of ship- THIS WARRANTY IS THE SOLE WARRANTY COVERING THE PROD-
<br /> ment. Interest will be charged on past due accounts at the maximum UCTS AND SELLER MAKES NO OTHER WARRANTY OF ANY KIND,
<br /> rate allowed by law. WHETHER EXPRESSED, IMPLIED OR STATUTORY,AND ALL IMPLIED
<br /> 2. Seller shall not be liable for non-performance or delay in perfor- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-
<br /> mance resulting from any governmental law, ordinance, ruling, order, ULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND
<br /> allocation, priority,restriction or regulation now or hereafter in effect,or EXCLUDED FROM THIS WARRANTY. IN NO EVENT SHALL SELLER
<br /> for delays or allocations made by Sellers suppliers,or caused by Acts BE LIABLE FOR CONSEQUENTIAL, COMPENSATCRY, PUNITIVE OR
<br /> of God,fire,flood,wind,strikes,of other labor troubles,accidents,nec- INCIDENTAL DAMAGES.
<br /> essary repairs to machinery,or other causes beyond Seller's control. In This warranty shalt not apply to products which have been repaired or
<br /> the event of any of the foregoing, Seiler shall have the right to allocate altered by other than authorized representatives of Seller or to damage
<br /> and reschedule production and delivery of products to Buyer as Seller, or defects caused by accident,misuse, vandalism,Acts of God, corro-
<br /> in its sole discretion, shall deem fair and practical without liability for sion, erosion, normal wear and tear, improper selection by Buyer or
<br /> any failure of performance, or consequential or incidental damages others,and other causes beyond Seller's control.
<br /> which may result. 7. Seller's liability on any claim of any kind,including claims based on
<br /> 3. Quotation and sales are F.O.S. point of shipment and title and risk Seller's negligence, contract, warranty, indemnity, strict liability or oth-
<br /> of loss pass to Buyer upon delivery of products to carver unless other- erwise, shall in no case exceed the purchase price of the products or
<br /> wise expressly stated. Within five days after receipt of products, the part thereof which gave rise to the claim.IN NO EVENT SHALL SELLER
<br /> Seller must be notified of any claims for shortages, errors in shipment BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
<br /> or errors in charges. Failure to so inform Seller or use of the products g There are no understandings or agreements between the Buyer and
<br /> delivered hereunder shall constitute conclusive evidence that Seller has
<br /> satisfactorily performed and Buyer waives any right to reject the prod- the Seller relative hereto which are not fully expressed herein, and no
<br /> sats thereafter.Freight terms will be collect from shi in Dint. change made herein (or in the Product Warranty provided to Buyer by
<br /> PP g p Seller) will be valid unless it is made in writing and signed by a duly
<br /> 4, Ali orders are subject to approval and acceptance by Seiler's Home authorized officer of the Seller.
<br /> Office and Seller's ability to obtain and allocate necessary raw materi- g Ali sales are final. Any return of goods shall be subject to written
<br /> als and containers. Unless otherwise agreed, the invoice prices will be approval from Ameron.
<br /> those in effect at time of shipment.
<br /> 5. If the Buyer fails to fulfill the terms of payment of any order between 10.Materials shall be subject to Seller's standard manufacturing varia-
<br /> the Buyer and the Seller, the Seller may defer further shipments until tions, classifications and extras. Seller reserves the right to change
<br /> such payments are made or may cancel any or all orders unshipped, specifications at any time without incurring obligation for products pre-
<br /> Seller reserves a security interest in the material which is the subject of viously or subsequently sold.Alf goods made to special specifications
<br /> the sale until payment in full is received and the Buyer agrees to do are deemed to be inspected and accepted by the Buyer before ship-
<br /> everything necessary to preserve and perfect such interest under the Tent is made. Orders for special goods may not be revised or can-
<br /> applicable laws. The Seller reserves the right to require from the Buyer celled.
<br /> at any time satisfactory security for performance of the Buyer's obiiga- 11.Any taxes, excises, levies or charges which the Seller may be
<br /> tions under any order placed with the Seller. Seller will be entitled to required to pay or collect under any existing or future law, upon or with
<br /> collect ail expenses incurred in collecting delinquent accounts, respect to services and/or the sale, purchase, delivery, storage, pro-
<br /> including attorney's fees. cessing, use, consumption or transportation of any of the materials
<br /> 6. Seller warrants the products to be free from defects in material and covered herein shall be for the account of the Buyer and the quoted or
<br /> workmanship for a period of one year from the date of delivery.Seiler's otherwise applicable prices shall be increased thereby.
<br /> sole obligation and Buyer's exclusive remedy in connection with the 12.Failure of Seller to enforce any of these conditions or to exercise
<br /> products shall be limited, at Seller's option, to either repair or replace- any right accruing through the default of the Buyer shall not affect or
<br /> ment of products not conforming to this warranty.Any claim under this impair the Seller's right in case such default continues or in case of any
<br /> warranty must be made by Buyer to Seller in writing within five days of subsequent default of the Buyer and such failure shall not constitute a
<br /> Buyer's discovery of the claimed defect, but in no event later than the waiver of Seller's rights in regard to other or future defaults of the
<br /> expiration of one year from the delivery date.Buyer's failure to so notify Buyer.
<br /> Ameron of such non-conformance shall bar Buyer from recovery under Rev.7/94
<br /> this warranty.
<br /> ANAFTnF.R(;IASs Pm:..Gltolip
<br /> AMERON Group Headquarters Fiberglass Pipe Div.-AsiarPaciFic Fiberglass Pipe Division-Europe Fiberglass Pipe Division-Americas
<br /> I NTEEN A rIU NAL PCD Sox.11011413
<br /> Ameron(Pte)Ltd. Ameron B.V. P,Q.Box 878
<br /> HnUS(Qn T\772110 No,7A-Tuas Avenue 3 J.F.Kennedylaan 7 Burkburnelt,Texas 76353
<br /> TeL 1713)690.7777 Sin
<br /> Fax:(713)690.2842 gapore 639407 4191 MZ Galdermalsen Tel: {940)569-1471
<br /> hnp:Mvww.amemn-net.com Tel: 65 867 6118 The Netherlands Fax:(940)569-2754
<br /> Foix: 65 862 1302.1861 7834 Tel: 731 3.15 573-341
<br /> Fax:+31 J 15 575 254
<br /> Telex:40257 bonds nl
<br /> Q T995 AmetOn•FP270Gt9197)supefsedes F1`270F(/1145)•Prniea in U.S A,7.5M IKi
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