Schier Company, Inc.
14459 S. 65th W Ave.
Kiefer, OK. 74041
Terms and Conditions
1.PAYMENT. Terms of payment all payment due prior to shipment in
United States Dollars, unless otherwise stated elsewhere in this
transmission. All prices are FOB unless otherwise specified and
subject to prior sale.
2. TAXES. Prices do not include any federal, state, or local taxes,
which are in addition to the purchase price and must be paid by the
Purchaser. Any and all foreign duties and taxes are the
responsibility of the Purchaser. Unless the Purchaser furnishes
Seller with a tax exemption certificate, any sales, use, excise, or
other similar taxes, where applicable, shall be added to the quoted
purchase price and invoiced by Seller to Purchaser.
3. FREIGHT AND INSURANCE. All
freight and insurance charges are the responsibility of the
Purchaser unless otherwise agreed to between Seller and Purchaser.
EXPORT TERMS: Export
documentation may require a service fee. All banking fees are the
responsibility of the customer. Export packing may require an
additional preparation fee.
4. DELIVERY. Unless otherwise stated elsewhere in this transmission,
the purchase price is F.O.B. Place of Shipment and excludes skidding
or crating for shipment.
All delivery times are quoted from receipt of deposit and required
samples/drawing rather than the receipt of order.
5. INSPECTION. The Purchaser shall
have the right to inspect the equipment during normal business hours
at its location prior to the time of shipment. Equipment purchased
in "as is" condition is subject to lower pricing and inspection is
urged before purchase.
6. AS IS EQUIPMENT: NO WARRANTY. The equipment or merchandise sold
by seller hereunder is sold as is and without warranty unless
expressed by writing from Schier Company, Inc. Seller neither makes
nor assumes any liability under any warranty, whether statutory, by
operation of law or otherwise, including but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
Seller does not warrant that such equipment or merchandise conforms
with any plans or specification of purchaser or others or meets any
requirements of any federal, state, or local laws, regulations, or
ordinances pertaining to safety or insurance requirements unless
otherwise stated on the invoice.
7. AS IS USED EQUIPMENT. It is understood that the purchase of any
used equipment is "as is" and "with all faults". Unless stated as
Reconditioned or New.
8. RETURN. Any returned material
must have prior authorization from Schier and may be subject to
restocking and/or return freight charges.
9. DEFAULT. If the Purchaser shall default in the performance of any
of its obligations hereunder, then in addition to any and all other
rights of remedies which Seller may have against Purchaser,
Purchaser shall be liable to Seller for all court costs and
attorney’s fees incurred in enforcing the terms and provisions of
Refunds after viewing equipment will only
be issued if the equipment is Not as it is described on the invoice.
11. PURCHASER’S RESPONSIBILITY AND INDEMNITY. It shall be
Purchaser’s responsibility to ensure that any equipment purchased
from the Seller is installed and operated in a proper and safe
manner. Purchaser also acknowledges that it may have to install or
change guards, safeties, warnings, or other components to ensure
that the machine will conform to all laws, regulations, ordinances,
codes, insurance requirements, and industry standards. Purchaser
agrees to defend, indemnify, and hold harmless Seller from and
against all suits, claims, costs, and expenses, including reasonable
attorney’s fees, for personal injury, death, or property damage
arising from the purchase, ownership or use by the Purchaser,
Purchaser’s agent, employees, or independent contractors of the
12. NON-LIABILITY OF SELLER. Seller shall not be liable for its
failure to perform hereunder due to any contingency beyond its
reasonable control, including acts of God, fires, floods, wars,
sabotage, accidents, labor disputes or shortages, government laws,
regulations, ordinances or codes, faulty installation by
non-licensed technician, inability to obtain material, material
equipment or transportation and any similar or different
contingencies. In no event, whether as a result of breach of
contract or warranty or tort (including negligence), will Seller be
liable for any incidental or consequential damages including, but
not limited to, damages for loss of revenue, cost of capital, claims
of customers for service interruptions or failure of supply, and
costs and expenses incurred in connection with labor, overhead,
transportation, installation or removal of products or substitute
facilities or supply sources.
13. MODIFICATIONS. Purchaser acknowledges that these are the only
terms and conditions of sale and are intended by the parties as a
complete and exclusive statement of their terms of their agreement,
and supersedes all prior agreements, written or oral, and upon
issuance of Seller’s invoice or acknowledgement will become part of
that invoice or acknowledgement. No course of prior dealings between
the parties and no usage of the trade shall be relevant to determine
the meaning of any agreement with Seller even though the accepting
or acquiescing party has knowledge of the nature of the performance
and opportunity for objection.
Whenever a term defined by the Uniform Commercial Code is used
herein, the definition contained in the Code shall control. Any
variation from the terms here of contained in Purchasers acceptance
is hereby rejected. The Agreement of which these terms are a part
can be modified or rescinded only by writing signed by both parties
or their duly authorized agents.
14. GOVERNING LAW. Any agreement of which these Terms are a part
shall be governed by, construed and administered in accordance with,
the laws of Oklahoma. Creek County will be the sole and exclusive
venue for any litigation or other proceedings between the parties
which may be brought or arise out of or in connection with or by
reason of this Agreement.
15. SEVERABILITY. If any provision of any agreement of which these
Terms are a part is held to be invalid, illegal or unenforceable, in
whole or in part, such invalidity shall not affect any otherwise
valid provision, and all other valid provisions shall remain in full
force and effect.
16. CONSTRUCTION. These terms and
conditions of sale and any agreement, of which they are part, shall
be construed in accordance with the laws of the state of Oklahoma. All
sales originate in the state of Oklahoma and are subject to Oklahoma
Law. Any litigation resulting from a dispute shall be heard in Creek
County court in Sapulpa, Oklahoma.
17. QUOTATIONS. All quotations are made for immediate acceptance and
are subject to withdrawal, change and prior sales without notice.
This quotation is
valid for a period of 30 days from the date Hereon and may be
withdrawn at that time for price validation.
18. LIMITATION OF REMEDIES. No claim of any kind shall be greater in
amount than the purchase price of the merchandise in respect of
which such damages are claimed, and failure to give notice of claim
within thirty (30) days from the date of delivery or the date fixed
for delivery (in the event of non-delivery), shall constitute a
waiver by purchaser of all claims in respect of such merchandise.
The remedy hereby provided shall be the exclusive and sole remedy of
purchaser. Any right to consequential and incidental damages is
19. TIME FOR BRINGING ACTION. Any action by Purchaser for breach of
any agreement of which these Terms are a part shall be commenced
within one year after the cause of action has accrued.
20. WARRANTY ON RECONDITIONED
EQUIPMENT. Schier Company Inc., warrants the reconditioning of its
equipment, sold by Schier Company Inc., (hereinafter referred to as
Equipment) to be free from defects in materials and workmanship
under normal use and proper maintenance for a period of 60 days from
the date of shipment from Schier Company Inc. This warranty does not
apply to: fragile parts and components where a shorter life is
normally expected; items which are part of normal maintenance or
items which Schier Company Inc., receives from outside vendors
(motors, controls, valves, etc., as an example), the warranty with
respect to which shall be limited to that which is actually received
by Schier Company Inc., from such vendors. This warranty extends
only to original end users of Equipment.
Schier Company Inc., warranty for
homogenizers applies to drive train only. Fluid cylinder is
warranted upon receipt.
Schier Company Inc., obligation (and
Purchaser's right or recourse) under the foregoing warranty and
under any other contract warranty or performance guarantee, if any,
shall be limited to the repair or replacement (at Schier Company
Inc's., option) of the Equipment in question or parts thereof, and
does not include shipping costs or the cost of field labor for
removing or reinstalling such parts or Equipment. No such repair or
replacement shall extend the original warranty period.
Said warranty is exclusive and in
lieu of all other warranties (whether written, oral or implied)
including the warranties of merchantability and of fitness for any
particular purpose. Schier Company, Inc's., liability shall not be
extended because of any advice or assistance given by Schier
Company, Inc., in connection with the design, sale, installation,
use, performance, repair or replacement of any product or service
not sold by Schier Company, Inc. If any performance guarantees on
equipment are given, such guarantees will be deemed to have been
fully satisfied when, during installation and/or commissioning,
Schier Company, Inc., causes the equipment to have the capacity to
achieve such performance, or is excused from so doing by any act or
omission of Purchaser or other cause beyond Schier Company, Inc's.,
21. If the Equipment is being sold
to Purchaser for resale or lease to others, Purchaser shall make the
foregoing warranty an integral part of all such resales or leases
and shall not in any way vary the terms or conditions of such
warranty. In the event of such resale or lease Purchaser shall
indemnify and save Schier Company Inc., harmless from and against
all claims, suits, liability and expense (including attorney's fees)
based upon any actual or alleged act or omission of Purchaser and/or
those acting on its behalf, including without limitation improper
installation and/or unauthorized alteration of the Equipment and
unauthorized variation from Schier Company Inc's. standard warranty.
In no event shall Schier Company
Inc., be liable for any direct, indirect, consequential or other
damage of any kind in connection with the design, sale,
installation, use, performance, repair or replacement of the
equipment except as herein set forth. Schier Company Inc’s.
Liability shall in no event be greater than the selling price of the
parts or equipment in question.
Schier Company, Inc. (918) 321-3151
Home Office located
14459 S. 65th W.
15 miles south of Tulsa,