These Terms and Conditions apply to and are incorporated into any agreement between American Hydraulic Compressor or any authorized distributor of Vendor (collectively “Vendor”) and any person, firm or corporation acquiring Goods from Vendor (“Purchaser”) as identified in any purchase order, contract or agreement between Vendor and the Purchaser.
1. Definitions – when used herein: (i) “Goods” means compressors, equipment, parts, components, materials, or services provided by Vendor, including, without limitation, those described on any Purchase Obligation; (ii) “Quote” means a document, including but not limited to a purchase order, contract or agreement between Vendor and the Purchaser, which lists among other things, Goods to be purchased by a Purchaser, and includes the price, terms and conditions of such purchase; and (iii) “Purchase Obligation” means a Quote that has been accepted by a Purchaser as evidenced by Purchaser’s signature on the Quote.
2. Acceptance – A Quote will be deemed accepted and will become a Purchase Obligation upon execution by Purchaser. Such acceptance shall be deemed to constitute Purchaser’s acceptance of and agreement to be bound by the terms of the Purchase Obligation, and these Terms and Conditions.
3. Price – Unless otherwise specified, the price of Goods ordered will be the prices reflected on the Purchase Obligation in question. Unless the Purchase Obligation in question expressly provides otherwise, Vendor’s prices do not include freight or shipping charges, or goods and services, sales, use, or other taxes. Freight and shipping charges will be billed separately to Purchaser. Likewise, all taxes shall be billed separately to Purchaser, unless Purchaser provides Vendor with a valid tax exemption certificate acceptable to Vendor and the appropriate taxing authorities.
4. Delivery – Terms of Delivery will be EXW Vendor’s manufacturer, unless otherwise specified on the Purchase Obligation in questions. It is expressly agreed that time is not of the essence for deliveries. Accordingly, delivery completion dates, if shown on a Purchase Obligation, are approximate from the date of receipt of a Purchase Obligation according to the terms herein contained, including full information received at the Vendor’s office. In case of delay by Purchaser in furnishing complete information, delivery/completion dates may be extended for a reasonable time depending on manufacturing and manpower conditions. Vendor shall not be responsible for reasonable or Excusable Delays, nor shall Purchaser refuse to accept delivery because of such Excusable Delays. “Excusable Delays” include, without limitation, delays resulting from accidents, acts of God, strikes or other labor difficulties, government controls, or other forms of intervention, inability to obtain labor, materials, utilities or services, or other causes beyond Vendor’s control. Availability of Goods is subject to prior sale.