latest Terms and Conditions, open the PDF below:
Confirmation of Sale Terms and Conditions.pdf
CONFIRMATION OF SALE TERMS AND CONDITIONS
and Conditions apply to all sales of all Equipment by Norgas Controls,
Inc. and by Norgas Metering Technologies, Inc. (individually “Company”)
and with the terms in the Confirmation of Sale supercede and replace all
other terms and conditions in any way pertaining to the Equipment.
shall pay to Company the total amount due for the Equipment as shown in
the Confirmation of Sale. In the event Company takes legal action to
collect the amounts due it Customer shall pay Company's attorney fees
estimated date of shipment shown is an estimate only and Company shall
not be responsible for any delay in shipment or for any other failure of
performance due to any cause beyond the control of Company. Risk of loss
of the Equipment shall pass to Customer upon delivery of the Equipment
to the carrier for shipment.
Company warrants only to Customer and not to any other persons or
entities that Customer shall obtain title to the Equipment free and
clear of all liens and claims upon payment of the total amount shown in
the Confirmation of Sale and that for a period of two (2) years after
purchase the Equipment shall be free of defects in materials and
workmanship and shall perform as stated by Company in Company's written
product description which is in effect on the date when the Equipment is
purchased by Customer and in the event that an item of Equipment has
such defects or does not so perform upon written notice of such defects
or non-performance given by Customer to Company within fifteen (15) days
after such defects or non-performance first occurred, Company shall at
its option and cost either repair or replace such item or items of the
Equipment and Company hereby disclaims and makes no other warranties of
any kind or nature. Company undertakes no no responsibility for the
quality of the Equipment except as expressly provided herein. Company
assumes no responsibility that the Equipment will be merchandisable or
fit for any particular purpose for which Customer may purchase the
Equipment except as expressly provided herein. The warranties contained
herein shall not apply to any item of the Equipment which has been
improperly installed, altered or damaged after installation, improperly
maintained, or where the Equipment has been used with water or gas, as
the case may be, which contains foreign materials or impurities. In the
event that the Company elects to either repair or replace any Equipment
and for all shipping charges for shipment of all such Equipment to
Company and for return of all such Equipment to Customer.
shall not be liable to Customer or to any other person or entity for any
consequential or incidental damages or for any damages of any kind or
nature not specifically provided for in these Terms and Conditions
including without limitation damages for loss of use, damages for loss
of revenue and profits and damages for delay.
shall be solely responsible for all installation, maintenance and use of
the Equipment and for compliance with all applicable federal, state and
local laws and regulations which pertain to and regulate any
installation and use of the Equipment.
6. In the
event that any federal, state and local governmental agency fails to
approve any item of the Equipment for use within its jurisdiction
Customer shall immediately give written notice thereof to Company.
accepts MasterCard & Visa and a 3% service charge may apply. Terms may
be extended by Company upon written approval by Company. All past due
amounts shall bear interest at the rate of 2% per month or the highest
rate allowed by law until fully paid.
prices are FOB, Fairfield, Ohio or nearest stocking warehouse unless
otherwise agreed in writing.
which has not been used or damaged and which has shipped from Company's
existing inventory and is not custom Equipment may be returned by
Customer provided that Customer gives written notice of Customer's
request to return to Company within thirty (30) days after purchase and
Company gives written authorization to Customer to return the Equipment
and all shipping costs are paid by Customer and Customer pays Company a
restocking charge equal to 25% of the total amount paid for purchase of
the Equipment. All amounts which may be due Customer upon an authorized
return will be paid by Company only by a credit to Customer for future
purchases. In the event of a default by Customer, Company shall have the
right to cease all sales and shipments.
Confirmation of Sale and these Terms and Conditions contain the entire
agreement between the Customer and Company and supercede and replace all
prior and contemporaneous terms and conditions and agreements between
the Customer and Company regarding the subject matter hereof. The laws
of Ohio shall govern. The Confirmation of Sale and these Terms and
Conditions are binding on the Customer and Company and their respective
representatives and successors and shall not be modified except by a
writing signed by both Customer and Company and shall not be assigned.
No person or entity other than Company and Customer shall be a third
party beneficiary or have any rights under the Confirmation of Sale and
these Terms and Conditions including without limitation any rights to
claim breach of any warranties. The Customer and Company hereby agree
that any legal action between the Customer and Company shall be
commenced only in the Common Pleas Court in Butler County, Ohio which
shall be the exclusive venue and forum.