Schwab-Vollhaber-Lubratt, Inc. is a manufacturers agent representing the various suppliers quoted in this proposal. Acceptance of this proposal is deemed to be acceptance of the terms and conditions set forth by the various suppliers represented herein.
PRICE POLICY: Quotations are subject to acceptance within fifteen (15) days from date of quotation. Prices quoted are subject to escalation policies of various Schwab-Vollhaber-Lubratt, Inc. suppliers and acceptance of this quotation is deemed as acceptance of the terms set forth by those suppliers.
TERMS: Terms of payment are subject at all time to the approval of our suppliers’ Credit Department.
CLAIMS: The responsibility of Schwab-Vollhaber-Lubratt, Inc. and their suppliers ceases upon delivery of goods in good order to the carrier. Claims for the factory shortages will not be considered unless made in writing to Schwab-Vollhaber-Lubratt, Inc. within ten days after receipt of the goods and accompanied by reference to our bill of lading and factory order numbers. As all goods are shipped at customer’s risk, any claims for damage or shortage in transit must be filed by customer against the transportation company.
TAXES: The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by the customer in the same manner and with the same effect as if originally added thereto.
CANCELLATIONS: Accepted orders are not subject to cancellation without Schwab-Vollhaber-Lubratt, Inc. and suppliers being reimbursed for any and all expenses.
DELAYS: Schwab-Vollhaber-Lubratt, Inc. and suppliers shall not be liable for any delays caused by riots, strikes, fires, floods, lack of transportation, accidents, or any other contingency beyond its control.
PRODUCT CHANGES: In the interest of continuous product improvement, Schwab-Vollhaber-Lubratt, Inc. and suppliers reserve the right to change specifications and/or design without incurring obligation.
RETURNED GOODS: Goods may not be returned except by permission of authorized factory officials of Schwab-Vollhaber-Lubratt, Inc. and suppliers at St. Paul, Minnesota, and when so returned will be subject to a handling charge and transportation costs.
Authorized return goods should be returned to suppliers as directed by Schwab-Vollhaber-Lubratt, Inc., depending on point of origin, return shipments should be direct to St. Paul.
WARRANTY: Schwab-Vollhaber-Lubratt, Inc. and suppliers warrant products of its manufacture to be free of defects in material and workmanship if properly installed, cared for, and operated under normal conditions, with competent supervision. Schwab-Vollhaber-Lubratt, Inc. and suppliers’ obligation under this warranty is limited to making good at its factory any part or parts thereof which shall, within one year after shipment of its products to the original purchaser, be returned to its factory with transportation charges prepaid, and which upon examination shall appear to Schwab-Vollhaber-Lubratt, Inc. and suppliers’ satisfaction to have been thus defective. Correction of such defects by repair or replacement shall constitute fulfillment of all obligations to purchaser, and Schwab-Vollhaber-Lubratt, Inc. and suppliers shall not be liable for loss, damage or expenses directly or indirectly arising from the use of its product or from any other cause. Schwab-Vollhaber-Lubratt, Inc. and suppliers assume no liability for expenses or repairs made outside of its factory except by written consent. No liability whatsoever shall attach to the seller until said products have been paid for. (See Warranty Certificate for additional four-year warranty on compressorized products.)
The above warranty supersedes and is in lieu of all other warranties including any warrant of merchantability expressed or implied, and no person, agent or dealer is authorized to give any warranties on behalf of Schwab-Vollhaber-Lubratt, Inc. and suppliers nor to assume for Schwab-Vollhaber-Lubratt, Inc. and suppliers any other liability in connection with any of Schwab-Vollhaber-Lubratt, Inc. and suppliers’ products.
Schwab-Vollhaber-Lubratt, Inc. and suppliers make no warranty with respect to motors, switches, controls or accessories, inasmuch as they are warranted separately by their respective manufacturers.
Motors, belts, drives, and controls are warranted by their respective manufacturers and Schwab-Vollhaber-Lubratt, Inc. and suppliers are not liable for field labor required for repair of aforementioned items in the first year of operation or any time thereafter.
IN CONCLUSION: All orders accepted by Schwab-Vollhaber-Lubratt, Inc. and suppliers are with the express condition that the purchaser agrees with the terms and conditions appearing on the face and reverse side hereof. Schwab-Vollhaber-Lubratt, Inc. and suppliers’ failure to object to the provisions contained in the customers’ purchase order or other communications shall not be deemed a waiver of the terms or conditions hereof nor acceptance of such provisions. No representations or guarantees other than those contained herein shall be binding upon Schwab-Vollhaber-Lubratt, Inc. and suppliers unless made in writing and signed by an official of Schwab-Vollhaber-Lubratt, Inc. and suppliers.