NORTH AMERICAN TILE TOOL COMPANY STANDARD TERMS AND CONDITIONS
(1) PRICES QUOTED. The prices are set forth on the quotation.
These prices are firm for thirty (30) days from the date of
this written quote. After thirty (30) days, prices must be reconfirmed
in writing by North American Tile Tool Company
("NATTCO").
(2) SHIPPING. Prices are FOB/EXWORKS our factory dock,
Florence, Kentucky. It is the Purchaser's responsibility to furnish
insurance from the time the product is loaded at our dock until it
is received at the Purchaser's plant. Delivery to a carrier or
licensed trucker shall constitute delivery to the Purchaser, and
all risk or loss or damage shall be borne by the Purchaser.
(3) CANCELLATION. Any cancellation or suspension of an
order resulting from this quotation will be accepted only upon
terms that will indemnify NATTCO against the loss.
(4) TAXES. The prices quoted do not include sales, use,
excise or similar taxes and if applicable, shall be paid by the
Purchaser.
(5) WARRANTY. Any product or part thereof which, under
normal operating conditions, proves defective in material or
workmanship, as determined by our inspection, within twelve
(12) months from the date of sale will be replaced or repaired
at no charge.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND ALL
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS
FROM FOR A SPECIFIC PURPOSE ARE EXCLUDED HEREFROM.
NO PROMISE OR AFFIRMATION OF FACT REGARDING CAPACITY OR
PERFORMANCE NOT STATED HEREIN SHALL CONSTITUTE A
WARRANTY BY US OR GIVE RISE TO ANY LIABILITY OR OBLIGATION
ON OUR PART.
(6) RISK OF LOSS. The product, from the time it leaves the
manufacturing plant shall be at all times the sole risk of the
Purchaser from any damage, injury, loss or destruction.
(7) LIABILITY. Under no circumstances shall NATTCO be
liable for loss of profits or other consequential damages, including
personal injuries or property damage, relative to the product
furnished as herein described or any breach of this agreement
by NATTCO . The Purchaser shall be liable to NATTCO for all
actual, consequential and incidental damages, including
NATTCO'S costs and reasonable attorney's fees that may
be incurred as a result of the Purchaser's breach of this
agreement.
If a defect in the product is claimed by the Purchaser, the
Purchaser shall allow NATTCO a reasonable time to remedy
the defect. Purchaser shall render the necessary assistance to
NATTCO and shall furnish adequate means of operating and
testing the product. Should the product prove defective and the
defect is not remedied, the particular part or product which fails
to conform to the warranty in this agreement must be returned
by Purchaser in as good as condition as received, except for
ordinary wear and tear, to the place where it was received.
Purchaser shall immediately notify NATTCO of the return by
registered mail addressed to NATTCO at 1965 Intermational
Way, Hebron, KY 41048, and NATTCO may then, at the option
of NATTCO, either replace or repair the defective goods or
product.
(8) GOVERNING LAW. This agreement shall be governed
and construed in accordance with the laws of the
Commonwealth of Kentucky.
(9) CAPTIONS. The captions are inserted only as a matter of
convenience and for reference, and in no way define, limit or
describe the scope of this agreement or the intent of any terms
and provisions thereof.
(10) SEVERABILITY. If any term or provision of this purchase
agreement or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the
remainder of this agreement or the application of such term or
provision to persons or circumstance other than those as to
which it is held invalid or unenforceable, shall not be affected
thereby, and each term and provision of this agreement shall be
valid and enforced to the fullest extent permitted by law.
(11) PROVISIONS BINDING. Except as herein otherwise
expressly provided, the terms and provisions hereof shall be
binding upon and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of all parties hereto.
(12) ASSIGNMENT. This agreement may not be assigned or
otherwise transferred by the Purchaser without the express
written consent of NATTCO.
(13) ACCEPTANCE AND MODIFICATIONS. Any modifications
or changes in the Standard Terms and Conditions or the
quotation or the addition of any additional terms or conditions in
the Purchaser's acceptance of NATTCO'S quotation is not binding
on NATTCO unless in writing and signed by NATTCO.
(14) ENTIRE AGREEMENT. This agreement supersedes all
agreements previously made between the parties relating to
the subject matter. There are no other understandings or
agreements between them except as set forth herein.
(15) NONWAIVER. No delay or failure of either party to exercise
any right under this agreement and no partial or single exercise
of that right, shall constitute a waiver of that or any other
right, unless otherwise expressly provided herein.
(16) INSPECTION. A rejection of the goods by Purchaser
shall not be effective unless it is made and notice thereof is
given within five (5) days after delivery of the goods to the
Purchaser at the location indicated on the purchase order.
(17) TITLE. Title to the Purchaser for the goods sold pursuant
to this Agreement shall pass to the Purchaser upon payment by
the Purchaser of the entire purchase price.
(18) ACCEPTANCE. This offer may only be accepted on the
exact terms set forth herein, and no additional terms or modifications
shall be accepted. Shipment shall not be considered
acceptance of additional terms or modifications.
(19) PAYMENT. The Purchaser agrees to pay the purchase
price within thirty (30) days of delivery. In the event the
Purchaser pays the purchase price within ten (10) days of delivery,
the Purchaser shall be entitled to a discount of 1%.
(1) PRICES QUOTED. The prices are set forth on the quotation.
These prices are firm for thirty (30) days from the date of
this written quote. After thirty (30) days, prices must be reconfirmed
in writing by North American Tile Tool Company
("NATTCO").
(2) SHIPPING. Prices are FOB/EXWORKS our factory dock,
Florence, Kentucky. It is the Purchaser's responsibility to furnish
insurance from the time the product is loaded at our dock until it
is received at the Purchaser's plant. Delivery to a carrier or
licensed trucker shall constitute delivery to the Purchaser, and
all risk or loss or damage shall be borne by the Purchaser.
(3) CANCELLATION. Any cancellation or suspension of an
order resulting from this quotation will be accepted only upon
terms that will indemnify NATTCO against the loss.
(4) TAXES. The prices quoted do not include sales, use,
excise or similar taxes and if applicable, shall be paid by the
Purchaser.
(5) WARRANTY. Any product or part thereof which, under
normal operating conditions, proves defective in material or
workmanship, as determined by our inspection, within twelve
(12) months from the date of sale will be replaced or repaired
at no charge.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND ALL
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS
FROM FOR A SPECIFIC PURPOSE ARE EXCLUDED HEREFROM.
NO PROMISE OR AFFIRMATION OF FACT REGARDING CAPACITY OR
PERFORMANCE NOT STATED HEREIN SHALL CONSTITUTE A
WARRANTY BY US OR GIVE RISE TO ANY LIABILITY OR OBLIGATION
ON OUR PART.
(6) RISK OF LOSS. The product, from the time it leaves the
manufacturing plant shall be at all times the sole risk of the
Purchaser from any damage, injury, loss or destruction.
(7) LIABILITY. Under no circumstances shall NATTCO be
liable for loss of profits or other consequential damages, including
personal injuries or property damage, relative to the product
furnished as herein described or any breach of this agreement
by NATTCO . The Purchaser shall be liable to NATTCO for all
actual, consequential and incidental damages, including
NATTCO'S costs and reasonable attorney's fees that may
be incurred as a result of the Purchaser's breach of this
agreement.
If a defect in the product is claimed by the Purchaser, the
Purchaser shall allow NATTCO a reasonable time to remedy
the defect. Purchaser shall render the necessary assistance to
NATTCO and shall furnish adequate means of operating and
testing the product. Should the product prove defective and the
defect is not remedied, the particular part or product which fails
to conform to the warranty in this agreement must be returned
by Purchaser in as good as condition as received, except for
ordinary wear and tear, to the place where it was received.
Purchaser shall immediately notify NATTCO of the return by
registered mail addressed to NATTCO at 1965 Intermational
Way, Hebron, KY 41048, and NATTCO may then, at the option
of NATTCO, either replace or repair the defective goods or
product.
(8) GOVERNING LAW. This agreement shall be governed
and construed in accordance with the laws of the
Commonwealth of Kentucky.
(9) CAPTIONS. The captions are inserted only as a matter of
convenience and for reference, and in no way define, limit or
describe the scope of this agreement or the intent of any terms
and provisions thereof.
(10) SEVERABILITY. If any term or provision of this purchase
agreement or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the
remainder of this agreement or the application of such term or
provision to persons or circumstance other than those as to
which it is held invalid or unenforceable, shall not be affected
thereby, and each term and provision of this agreement shall be
valid and enforced to the fullest extent permitted by law.
(11) PROVISIONS BINDING. Except as herein otherwise
expressly provided, the terms and provisions hereof shall be
binding upon and shall inure to the benefit of the heirs, executors,
administrators, successors and assigns of all parties hereto.
(12) ASSIGNMENT. This agreement may not be assigned or
otherwise transferred by the Purchaser without the express
written consent of NATTCO.
(13) ACCEPTANCE AND MODIFICATIONS. Any modifications
or changes in the Standard Terms and Conditions or the
quotation or the addition of any additional terms or conditions in
the Purchaser's acceptance of NATTCO'S quotation is not binding
on NATTCO unless in writing and signed by NATTCO.
(14) ENTIRE AGREEMENT. This agreement supersedes all
agreements previously made between the parties relating to
the subject matter. There are no other understandings or
agreements between them except as set forth herein.
(15) NONWAIVER. No delay or failure of either party to exercise
any right under this agreement and no partial or single exercise
of that right, shall constitute a waiver of that or any other
right, unless otherwise expressly provided herein.
(16) INSPECTION. A rejection of the goods by Purchaser
shall not be effective unless it is made and notice thereof is
given within five (5) days after delivery of the goods to the
Purchaser at the location indicated on the purchase order.
(17) TITLE. Title to the Purchaser for the goods sold pursuant
to this Agreement shall pass to the Purchaser upon payment by
the Purchaser of the entire purchase price.
(18) ACCEPTANCE. This offer may only be accepted on the
exact terms set forth herein, and no additional terms or modifications
shall be accepted. Shipment shall not be considered
acceptance of additional terms or modifications.
(19) PAYMENT. The Purchaser agrees to pay the purchase
price within thirty (30) days of delivery. In the event the
Purchaser pays the purchase price within ten (10) days of delivery,
the Purchaser shall be entitled to a discount of 1%.
