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Precision Fitting & Gauge Company ("Precision Fitting
& Gauge") Conditions of Sale: Buyer's purchase order or
quotation shall be subject only to the terms and conditions set
forth herein, notwithstanding any terms and conditions that may
be contained in any purchase order, acknowledgement or other form
by Buyer. Such terms and conditions of Buyer shall not bind
Precision Fitting & Gauge unless accepted by it in writing
whether or not they materially alter this order. This order shall
be governed in all respects by the laws of the State of Oklahoma.
In the absence of a written agreement, an acceptance of any goods
received by Buyer filling a purchase order to Precision Fitting
& Gauge shall constitute an acceptance of these terms and
conditions.
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General Terms of Sale: Payment: 1% 10 days, Net 30 days, on
approved credit. Precision Fitting & Gauge accepts payment by
American Express, MasterCard or Visa. (Payment by credit card
must be communicated at time of order placement; card will be
charged at time of shipment.) FOB: Shipping point.
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Quotation Expiration: All quotations are valid for 30 days
from quotation date, unless otherwise specified.
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Selling Price: The selling price on back orders, and as shown
on Precision Fitting & Gauge Web site is subject to change
without prior notification and will be priced in accordance with
the price list in effect at the time of shipment.
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Shipping Discrepancies: Errors in shipping quantity or damage
to shipped products must be reported within ten (10) business
days of receipt of product, or will not be acted upon.
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Return for Credit or Exchange: All returns must be authorized
in advance by Precision Fitting & Gauge Company and reference
a return authorization number issued by Precision Fitting &
Gauge Company. Items to be returned must be current revisions of
standard price list items in original unopened packaging and in
sellable condition. Quantity of any item may be limited to 25% of
the quantity of that item shipped during the six months
immediately prior to the return request. Return of such items is
subject to a return-processing fee of at least 25% of the
extended sales price of the item(s) being returned. Non-standard,
modified, special order and fabricated assemblies are
non-cancelable and non-returnable. All return authorizations
expire 30 days after authorization notification.
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Delivery: Precision Fitting & Gauge shall not be liable
for any delays in or failure of delivery due to acts of God or
public authority, labor disturbances, accidents, fires, floods,
extreme weather conditions, failure of and delays by carriers,
shortages of material, delays of suppliers, or any other cause
beyond Precision Fitting & Gauge's control. In no event shall
Precision Fitting & Gauge be liable for consequential or
special damages arising out of a delay in or failure of delivery.
Buyer's requested delivery date or schedule shall be approximate
and subject to Precision Fitting & Gauge's acceptance.
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Warranty: Precision Fitting & Gauge provides no warranty
with respect to the goods sold hereunder. Precision Fitting &
Gauge agrees to use its best efforts to assist Buyer in enforcing
any warranty provided by the Manufacturer(s) of the goods. The
repair or replacement of defective products under warranty is at
the sole discretion of the manufacturer; Precision Fitting &
Gauge does not replace returned defective products with new
products. In no event shall Precision Fitting & Gauge or
Precision Fitting & Gauge's supplier(s) be liable for
consequential or special damages arising out of a defect in
material or workmanship.
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Nuclear Indemnity: If the goods are to be used in any nuclear
installation or activity, the Buyer or the ultimate user (i)
shall secure and maintain the maximum nuclear property liability
insurance protection available (ii) shall enter into and maintain
a government indemnity agreement, and (iii) shall waive and
require its insurers to waive all rights of recovery or
subrogation against Precision Fitting & Gauge and shall
indemnify and hold Precision Fitting & Gauge harmless from
and against any claims, losses or damages (including
consequential or special damages of any kind) arising out of a
Nuclear Incident as that term is defined in the Atomic Energy Act
of 1954, as amended.
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Taxes: Any sales, use, excise or similar tax payable by
Precision Fitting & Gauge which is or may be imposed by any
taxing authority upon the sale or delivery of goods covered by
this order, or any increase in rate of any such tax not in force,
shall be added to the sales price; if not collected at the time
of payment of sales price, Buyer will hold Precision Fitting
& Gauge harmless.
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Attorneys' Fee: In the event that default should occur in the
payment for the goods sold hereunder, Buyer agrees to pay
Precision Fitting & Gauge's reasonable attorney's fees and
court costs incurred by Precision Fitting & Gauge to enforce
payment thereof.
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Finance Charge: 1 1/2% monthly (18% per annum) on past due
accounts.