Terms and Conditions of Sale
GENERAL: Equipment and services as specified herein are subject to these “Terms and Conditions of Sale” unless otherwise noted on page one. Acceptances of purchaser’s order shall not be binding on U.S. Crane, Inc. (herein referred to as USC) unless accepted in writing by an authorized officer of USC. Any representation, warranty, course of dealing or trade usage not contained or referenced herein will not be binding on USC. No modification, amendment, rescission, waiver or other change shall be binding on USC unless accepted in writing by an authorized officer of USC. Purchaser cannot delegate or assign any of their obligations under this contract to any other party unless prior written consent is given by an authorized officer of USC. The validity, performance and all matters relating to the interpretation and effect of this agreement shall be governed by the laws of the State of Ohio.
PATENTS: USC shall indemnify and hold harmless the purchaser against all rightful claims of any third party for infringement of any United States patent, provided that the purchaser (1) promptly notifies USC in writing of such claims and (2) that such claims are not result of any equipment or part specified by purchaser or manufactured to purchaser’s design, or the use of equipment or part furnished hereunder in conjunction with any other equipment in a combination not furnished by USC as a part of this contract.
WARRANTY: USC guarantees that our products will be constructed of first class material throughout and that all work will be done in a thorough workman-like manner. The purchaser has reasonable time after shipment to accept the product but not to exceed 30 days. Placing the product in service constitutes acceptance.
For a period of one year the company agrees to repair or replace, with out charge, F.O.B. our facility, any parts that prove defective in material, design or workmanship. The company is not responsible for cost of repairs made outside its shop unless previously authorized.
Purchased components such as motors, controls, brakes, etc. shall carry the guarantee of the manufacturer which is to normally repair or replace F.O.B. manufacturer’s facility or authorized repair station. Upon request, USC will furnish a copy of manufacturer’s warranty.
No warranty is implied or assumed except as described above.
PRICES: Prices as stated herein are subject to change without notice and expire thirty (30) days from the date heron. Prices are subject to escalation should any excessive rise in either material or labor cost occur before shipment.
TAXES: In addition to any price specified herein, purchaser shall pay the gross amount of any present or future sales, use, excise, or other similar tax applicable to the price, sales or delivery of any products or services furnished hereunder or purchaser shall furnish USC with evidence of exemption acceptable to the taxing authorities. Ohio customers’ Ohio Sales Tax will be billed and payable until/unless current tax exempt form is on file at USC. USC will not collect sales tax for states other then Ohio.
DELIVERY: Delivery dates are approximate and are based upon prompt receipt of all necessary information. USC shall not be liable for delays in delivery or performance, or for failures to manufacture, deliver or perform, due to (1) a cause beyond its reasonable control or (2) in the nature of an “act of God”.
RISK: Unless otherwise specified by USC, risk or loss of damage shall pass to the purchaser, F.O.B. point of shipment.
TITLE: Equipment sold herein shall remain the property of USC until USC is paid in full for the product plus any other applicable charges. The purchaser agrees to perform all acts necessary to protect and assure retention of title for USC.
PAYMENTS: Terms of payment are as specified on page one. If delivery is delayed by purchaser, payment shall become due on the date when USC is prepared to make shipment. In the event of any such delay, equipment shall be held at purchaser’s risk and expense. If purchaser’s financial condition does not warrant continuance of work by USC, USC may require full or partial payment in advance. In the event of purchaser’s bankruptcy or insolvency or in the event any proceeding is brought against the purchaser, voluntarily or involuntarily, under the bankruptcy or insolvency laws, USC shall be entitled to cancel any order outstanding and shall receive reimbursement for its proper cancellation charges. USC reserves the right to charge interest at the prevailing prime interest rate plus 4% per month on the unpaid balance from the date the payment is due until the date it is paid.
CANCELLATION: After verbal or written placement of any order, cancellation of that order by purchaser can be made only if USC consents in writing and purchaser agrees to reimburse USC for a proportionate share of work done on all material, labor, overhead , profit cost and/or restocking charges.
FREIGHT: On items stocked by USC , freight from our facility will be prepaid and added to your invoice or sent freight collect. On items not in stock, freight charges to and from our facility will be charged unless direct shipment from our supplier is possible. If special shipment is specified and performed (such as next-day air or courier delivery) and time of shipment is delayed for any reason, special cost of shipment will still apply. Shipments are made F.O.B. original shipping point and USC will not be responsible for performance of carrier i.e. time of delivery or damages to goods. All damage claims are to be filed directly with carrier. All items are inspected upon shipment at our facility. It is customers’ responsibility to inspect shipments for damage upon acceptance at destination.
LABOR: Rates will be charged port to port. Overtime rates will be charged for evenings, Saturdays, and over 8 hours per day. Double time rates will be charged for Sundays and Holidays. Expenses will be billed at cost. Customer to provide a free, clear and safe working area. Delays beyond the control of USC will be billed additionally.
INSPECTIONS: USC inspections are performed by trained and experienced technicians and are warranted only to the extent that we will advise our customers of any problems that are observed by us at the time of inspection. USC will in no way be held responsible for future occurrences. We will point out wear if wear observed is deemed excessive by our inspectors. We will also notify the customer of items observed and interpreted by us as OSHA, ASME or ANSI violations. By purchasing inspection services from USC the customer is not purchasing an insurance policy or extended warranty. All information found as a result of our inspection will be held in confidence between USC personal and the designated representative of the customer.
LOAD TESTS: USC load tests are performed by trained and experienced technicians and are warranted only to the extent that we will advise our customers of any problems that are observed by us at the time of the load test. USC will in no way be held responsible for future occurrences. The load test shall not be less than 100% of the rated load of the crane or hoist(s), whichever governs; or more than 125% of the rated load. A load test certificate will be given and shall be placed on file where readily available for review.
NOTE: Load tests are not included by USC on new installations, altered, repaired, and modified equipment, unless otherwise stated and specified on the proposal.