- HARRIS WELDING PRICING/ TERMS OF PAYMENT
- Unless otherwise indicated on the face of this form, all prices for products purchased hereunder (the
“Products”) are FOB Harris Welding Freight Collect. Terms of payment for Products purchased hereunder are set forth on the face of this Acknowledgement. All amounts payable hereunder are payable in cash or immediately available funds at the location indicated on Harris Welding Invoice
- Payment terms are net 30 days after completion of the job, and product is invoiced or per agreement of net terms made in advance with customer.
- Material cost pass through
- Harris Welding reserves the right to pass raw material cost increases/ reductions to the customer. All pricing is based on Harris Welding’s current design and drawings. Price doe NOT include shipping, installation charges or Sales Tax.
- Due to the volatility of the materials markets, Harris Welding are unable to guarantee our prices for any specific period of time. Prices quoted may be changed by Harris Welding to reflect our material costs at time of order. Customer notification will be given.
- Inventory storage fees
- Harris Welding reserves the right to charge an inventory storage quarterly fee of 1-2% on the finished goods inventory being held in support of purchase orders that have not been picked up within 15 days of notification and completion of a work order AND with no communication from the customer.
- Restocking Fee:
- Harris welding reserves the right to charge a 20% restocking fee for raw material ordered and received before a work order is cancelled. If a material is a special material and cannot be returned, then the customer will be 100% liable for the cost of material.
- Warranty
- Harris Welding warrants that the work performed confirms to the supplied drawings, and customer communication. The product will be conveyed to you with good title, free from any lawful lien or encumbrance. The forgoing express warranties are the sole and exclusive warranties made by Harris Welding to you with respect to the product(s). All other express or implied warranties, including, without limitation, the implied warranties of merchant ability and fitness for a particular purpose, are disclaimed and excluded from the sale of the products to you. Any claims that you may have under this warranty is waived unless you notify Harris Welding in writing within 30 days after the date of delivery of the products to you.
- Limitations of Liabilities
- Neither you nor Harris Welding will be liable to the other for consequential, punitive, special, exemplary or incidental damages, regardless of whether such damages are claimed under theories of contract or tort. Your exclusive remedy for claims (Including claims for breach of warrant, negligence, and strict liability) is limited to the repair or replacement of the non-conforming products or, at your election, the refund of the purchase price of the non-conforming product(s).
- Taxes
- You are responsible for the payment of any federal, state, local sales, use, ad valorem, excise or other taxes or charges assessed or assessable with respect to the sale, use or transportation of the products.
- Risk of Loss
- Unless the Products are shipped “F.O.B” Shipping Point” title to and risk of loss of the products will pass to you upon delivery to the destination set forth in your purchase order. You assume all risks and liability for results arising out of your unloading, discharge, storage, handling, and use of the products, or arising out of you compliance or non-compliance with federal, state, municipal or local laws and regulations with reference thereto.
- Force Majeure
- Harris Will be relieved from liability for failure to perform any of its obligations under a purchase order to the extent that such failure is the occasioned by: (1) acts of God, fire, explosion, flood, tornados, hurricanes; (2) strikes, lockouts, or other industrial disturbances or riots; (3) war, declared or undeclared; (4) compliance with any Federal, State, municipal or military law, regulation, order, or rule, foreign or domestic, including priority, rationing, allocation or preemption orders or regulations, or cancellation of its license to operate its plant; (5) shortage or breakdown or other failure of facilities used for manufacture or transportation of the Products; (6) total or partial shutdown due to normal plant turnaround; (7) any other cause or causes of any kind or character reasonably beyond the control of Harris Welding, whether similar to or dissimilar from the enumerated causes (any such cause herein called “ force majeure”). Upon the cessation of the cause or causes for any such failure or delay, performance hereof shall be resumed, but such delay shall not, except by mutual agreement, operate to extend the term of this contract or obligate Harris Welding to make up deliveries missed due to any force majeure event.
- Assignment
- Neither you nor Harris Welding can change the contract formed by your purchase order and this Acknowledgement without the prior consent of the other party. The contract formed by your purchase order and this Acknowledgement shall be binding on you and Harris Welding and the successors and assigns of you and Harris Welding.
- Modifications
- No statement or agreements, oral or written, made before or at the time this Acknowledgment is executed shall vary or modify the written terms hereof, and neither you nor Harris Welding shall claim any amendment, modification or release from any provision hereof, and neither you nor Harris Welding shall claim any amendment, modification or release from any provision hereof unless such change is in writing, email or documented call by both company representatives and specifically states that it is an amendment to the purchase order formed by your purchase order and this Acknowledgement.
- Harris Welding will acknowledge receipt of all purchase orders. Acceptance of any purchase order, however, is conditioned upon the customer’s agreement to all of our terms and conditions.
- Harris Welding objects to any terms and conditions in any customers purchase order that are different from, or in addition to, the terms and conditions of this Acknowledgement. If a customer and Rable have a formal, written agreement that covers a purchase, the terms and conditions of such formal, written agreement will apply and will be controlling over the terms and conditions of the customers purchase order and this Acknowledgement.
- Any questions regarding our term and conditions can be directed to our president, John Kochenderfer at 419-281-8351
