Terms and Conditions | Amaral Automation

Terms & Conditions

This proposal is subject to Standard Terms and Conditions. Any work outside of the scope of this Quotation will be subject to “extra” charges at standard rates.

CLERICAL ERRORS - Company reserves the right to correct clerical, arithmetical or stenographic error or omission in quotations, orders, acknowledgments, invoices or other documents.
CANCELLATION OR CHANGES - An accepted order is not subject to cancellation or change except in terms acceptable and satisfactory to Company, including reasonable cancellation charges in the event of changes in order. Direction by Buyer to cancel may be treated as a repudiation making the Buyer immediately liable for loss, expense and other damages sustained.
STORAGE - If shipment of any equipment is postponed by direction of the Buyer, Company may at any time and after original date of shipment, pack, hold and invoice such equipment as if then shipped, same being then held at Buyer’s risk and subject to Company’s storage charges, and upon full payment shall become the property of the Buyer. Equipment held for Buyer at Buyer’s request shall be at Buyer’s risk and expense.
PRICES - Prices are subject to change without notice, unless otherwise noted on our quotation.
SALES AND SIMILAR TAXES - Unless otherwise stated, Company’s prices do not include sales, use, excise or similar taxes. Consequently, in addition to the prices specified, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of these items described shall be paid by the Buyer or, in lieu therefor, the Buyer shall provide Company with a tax exemption certificate acceptable to the taxing authorities.
SPECIFICATIONS - The provisions in the specifications are descriptive and not intended as warranties and are subject to change without notice.
RISK OF LOSS - Company assumes no responsibility for delays, breakage or damage after having made delivery to a carrier, at which time all risk of loss for any cause passes to Buyer.
CLAIMS - No claims for variances from or shortages in orders will be considered by Company unless presented to it in writing within thirty (30) days after receipt of goods.
WARRANTY - Company warrants only that the articles covered hereby and manufactured by it shall be free from defects in material and workmanship under proper and normal use proved, within one year from date of shipment, to have existed on such date, provided Buyer promptly notifies Company in writing and if requested, returns any defective part or parts. Company’s liability shall be limited to the cost of repairing or replacing such defective part or parts FOB Company’s factory. Company will not assume any expense or liability for repairs made to its products outside the Company’s facility without its written consent. Equipment and accessories supplied by other manufacturers are not warranted, but Company will use its best efforts to secure for the Buyer the benefits or warranties, if any, extended by the manufactures of such equipment and accessories.
This warranty is expressly in lieu of all other warranties of any kind, express or implied, which are hereby excluded. In particular there shall be excluded the implied warranty of merchantability as well as the implied warranty of fitness for a particular purpose. In no event will Company be liable for incidental or consequential damages.
RETURN OF EQUIPMENT - Equipment may not be returned to Company for (at Company’s election) repair or replacement or credit, or otherwise, without the Company’s prior written authorization, and Company will not accept any responsibility for equipment returned without such authorization. All transportation costs incident to the shipment of any equipment to or from Company under this or the foregoing paragraph shall be charged to the Buyer.
TECHNICAL PERSONNEL - Upon request of the Buyer and at a mutually agreeable time, Company shall send a technical expert to render assistance and advice concerning the installation and/or future operation of the apparatus acquired hereunder. The Buyer shall bear all traveling and sojourning expenses for such personnel. The Buyer shall also bear a per diem charge to job site and return. One day minimum at job site. Standard workday is eight (8) hours; standard workweek is 40 hours Monday through Friday. All hours worked over 8 in one day and all worked on Saturday will be charged a 1.5 x per hour per diem rate. Work performed on Sunday or holidays will be charged 2.0 x per hour’s per diem rate. Saturdays, Sundays and holidays not worked, and travel days will be charged at regular per diem rate. Verification of hours worked will be made by authorized representative of the Buyer and Company technical service representative.
DELIVERY - Shipping dates are approximate and are based upon prompt receipt of necessary information from the Buyer. Company will not be liable for delay due to causes beyond its reasonable control such as acts of Nature, acts of the Buyer, acts of civil or military authority, priorities, government regulations, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, car shortages, and inability due to causes beyond its reasonable control to obtain the necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal to the time lost by reason of the delay. If shipment, by any other act or condition affective payment for the machinery and/or goods, or any part thereof, shall be delayed on account of the Buyer, payment therefore shall become due as if shipment had been made. In case of delay in shipment at the request of the Buyer, a reasonable storage charge shall be made, and such storage will be at the risk of the Buyer. Any added expenses incurred by Company because of delays in receipt of details, specifications and/or other pertinent information, or because of changes requested by Buyer, shall be chargeable to Buyer.
CONFIDENTIALITY - In connection with this transaction, the Company may provide Buyer with certain confidential and/or proprietary information. Buyer agrees to treat all such information as confidential and to use such information solely for the purpose of evaluating this transaction. In the event Buyer chooses to acquire Company’s product, the Company may require Buyer to sign a Confidentiality and Non-Disclosure Agreement.
ACCEPTANCE - This offer is expressly conditioned upon acceptance of all the terms and conditions set forth herein, and as said in any previously executed Agreement, and any inconsistent or additional terms contained in the Buyer’s order are hereby rejected unless expressly accepted in writing by Company within ten (10) days after receipt of such order. Verbal agreements or representations shall not modify the terms and conditions of this offer.
APPLICABLE LAW - These Terms and Conditions and all Agreements between the Company and Buyer shall be governed by and construed in accordance with the laws of the State and Buyer hereby agrees to submit to the jurisdiction of the Federal or state courts therein. No failure to exercise, delay in exercising or course of dealing with respect to any right, power, privilege or remedy shall operate as a waiver thereof by either party or of any other right, power, privilege or remedy. No exercise or partial exercise of any right, power, privilege or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, privilege or remedy.