Standard Conditions of Sale
SWEED MACHINERY, INC | 653 2nd Ave, PO Box 228 Gold Hill, Oregon, 97525 Toll Free: 1-800-888-1352 | Phone: 541-855-1512 | Fax: 541-855-1165
All equipment and parts (hereafter “products”) sold by Sweed Machinery, Inc., hereafter referred to as the “Company”, are subject to these terms and conditions of sale.
Description of Goods
Goods will be supplied by Company in accordance with standard Company components and specifications subject to any changes which the Company expressly agrees to in writing. The electrical specifications are 460 volt A.C., 3 phase, 60 Hz with 120 volt A.C., single phase 60 Hz Control power, unless otherwise confirmed in writing. The purchaser will be required to install suitable wiring in the conduit, gutter, etc., to the Motor Control Center and the equipment “J” boxes. Pipe and wire runs will also be necessary to and from the Programmable Control System and each component. The purchaser will also be required to supply suitable air piping from purchaser’s supply to the various equipment valve ports and components as needed. Reasonable safety guards, access platform and ladders are furnished on our machinery to meet OSHA standards. When applicable, our field service representative will train those persons chosen by the purchaser in the safe operation and maintenance of his machinery. Our representative will require the purchaser to sign our Field Training Release form on completion of the start up of this equipment.
Taxes
Prices quoted do not include any Federal, State or Local property, license, privilege, sales use, excise, gross receipts, or other like taxes which may now or hereafter be applicable to, measured by, or imposed upon or with respect to the transaction, the property its sale, its value or its use, or any services performed in connection therewith. Purchaser agrees to pay or reimburse any such taxes, which the Company or the Company’s subcontractors or suppliers are required to pay.
Errors
All stenographic and clerical errors are subject to correction.
Media Release Disclaimer
The Company reserves the right to photograph and video any of its installed equipment while in operation for marketing, advertising, promotional, or informational purposes. These photographs and videos may be used in various media formats, including but not limited to print, online, social media, and other promotional materials. The Company will make reasonable efforts to respect customer privacy and confidentiality in the use of such media, and any personally identifiable information will be handled in accordance with our Privacy Policy.
Force, Measure, Loss, Damage or Delay
The Company will not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, act of any governmental authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or due to any other cause beyond its reasonable control.
Title Risk of Loss
All products are sold F.O.B. Company’s plant in Gold Hill, Oregon. The products sold shall remain the property of the Company and shall remain personal property until fully paid for in cash, and the purchaser shall perform all acts which may be necessary to perfect and assure retention of title to such product by the Company, Risk of loss of the product, or any part of the same, shall pass to the purchaser upon delivery of such product to purchaser.
Limited One (1) Year Warranty
The Company warrants that its products, if properly stored, transported, installed, used and maintained, will be free from defects in materials and workmanship, for a period of one (1) year after the product was shipped. If the Company product which is the subject of this Limited Warranty is deemed to be defective by Company during warranty period and is covered by this Limited Warranty, the Company, at its option, will:
1. REPAIR THE PRODUCT.
2. REPLACE THE PRODUCT WITH A PRODUCT THAT IS FUNCTIONALLY AT LEAST EQUAL TO THAT OF THE PRODUCT BEING REPLACED.
The repair or replacement of any such defective products will be delivered to the purchaser F.O.B. Company’s plant with freight prepaid to the accessible common carrier point of departure within the continental United States.
Extent of Limited Warranty
This Limited Warranty does not cover damages due to external causes including, but not limited to, accidents, misuse, neglect, alteration, repair, or improper installation or maintenance. Company does not warrant any of its products to meet the safety code requirements of any governmental agency, authority or regulation. Additional features may need to be added to comply with applicable safety code requirements. Instructions for the care and usage of the products are included with the product. Any usage or care not in accordance with these instructions voids this warranty, and any damage caused by such improper usage or care is not covered under this warranty. This warranty is limited to the original purchaser and is not transferable.
Warranty
To obtain warranty service, purchaser must return any products alleged to be defective, freight prepaid to the Company’s plant in Gold Hill, Oregon. If the Company determines the product is defective, and is covered by this limited warranty, it will repair or replace the product as set forth above. All returned products must be accompanied by a Company return authorization number which can be obtained by calling the Company at: 1-800-888-1352.
Warranty Limitations and Exclusions
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED HERE. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTIES (INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) EITHER EXPRESS OR IMPLIED, WITH RESPECT TO MOTORS, MOTORS ARE COVERED BY SEPARATE MANUFACTURERS’ WARRANTIES, PURCHASER SHALL BE LIMITED TO THE WARRANTIES OF THE RESPECTIVE MANUFACTURERS OF THE PRODUCTS SOLD.
Limitations of Liability
THE COMPANY’S RESPONSIBILITY UNDER THIS, OR ANY OTHER WARRANTY, IMPLIED OR EXPRESSED, IS LIMITED TO REPAIR OR REPLACEMENT, AS SET FORTH ABOVE. THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. THE COMPANY IS NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DOWN TIME, ANY DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY.
Applicable Law
These terms and conditions and the legal relations between the purchaser and the Company shall be governed by and in accordance with the laws of the state of Oregon.
