POWER FLAME INCORPORATED
GENERAL TERMS AND CONDITIONS
FOR EQUIPMENT AND ANCILLARY SERVICES
GENERAL: Seller requires that its dealers pass this agreement on to the end user. As used herein, “Equipment” is the equipment and/or parts identified in this Agreement as expressly agreed to be provided by Seller to Purchaser. As used herein, the “Services”, if any, are the services identified in this Agreement as expressly agreed to be provided by Seller to Purchaser. As used herein, the “Software”, if any, is the software identified in this Agreement as expressly agreed to be licensed by Seller to Purchaser. These General Terms and Conditions of Sale (the “Terms”), Seller’s quote, Purchaser’s Purchase Order and Seller’s Order Acknowledgement are collectively referred to in the Terms as the “Agreement”. The Agreement sets forth the entire, exclusive and complete agreement of Seller and Purchaser with respect to the sale and purchase of the Equipment, the performance of the Services and the license of the Software and supersedes any prior or contemporaneous written or oral agreement, understanding and communications and any course of dealing, usage of trade or course of performance. This Agreement prevails over any of Purchaser’s terms and conditions of purchase or purchase order, regardless of whether or when Purchaser submitted such terms and conditions or purchase order. Fulfillment of Purchaser’s order does not constitute acceptance of any of Purchaser’s terms and conditions and does not serve to modify or amend these terms and conditions. No waiver or modification of this Agreement shall be effective unless in writing and signed by both Seller and Purchaser. Quotes are subject to change without notice. Prices quoted shall be firm for orders scheduled by Seller to be delivered within sixty (60) days after the quotation date; otherwise, Seller reserves the right to apply prices in effect at the time of delivery.
PERFORMANCE CONDITIONS: The performance of the Equipment covered in this Agreement cannot be exactly predicted for every operating condition. In consequence, any predicted performance data submitted is intended to show probable operating results which may be closely approximated, but which cannot be guaranteed.
ENGINEERING: Seller and Purchaser acknowledge and contemplate that any engineering services for which Seller is responsible pursuant to this Agreement will be performed by engineers employed by Seller only to the extent allowed by applicable laws and regulations. Otherwise, such engineering services will be provided by qualified, licensed engineers selected and retained by Seller at Seller’s expense. Except as otherwise provided herein, Seller and Purchaser acknowledge and contemplate that upon acceptance of this Agreement by Seller, Seller’s engineering department or a qualified, licensed engineer selected and retained by Seller at Seller’s expense will perform whatever engineering analysis and design is necessary to fulfill its obligations under this Agreement, and will prepare whatever plant layouts, drawings, and design specifications are necessary in Seller’s discretion to facilitate the performance of the Equipment in accordance with this Agreement. Seller and Purchaser further acknowledge and contemplate that this engineering process may result in modifications or changes which may include, but are not limited to: modifications in conveyor lengths, sizes, speeds, angles, or positions; changes in motor sizes; changes in Equipment or plant configuration; and modifications or parts lists. No such modifications or changes shall constitute a breach of contract by Seller.
DRAWINGS: Seller will furnish Purchaser with necessary drawings and instruction for Purchaser’s erection or installation of the Equipment. Seller will not be held responsible for design and/or installation of footings and/or other items necessary for installing the Equipment unless otherwise stated herein.
DIFFERING SITE CONDITIONS: If, in the performance of this Agreement, subsurface or latent conditions at the site are found to be materially different from those indicated by geotechnical reports provided by Purchaser, or unknown conditions of an unusual nature are disclosed differing materially from those ordinarily encountered by Seller, then such conditions may result in adjustments to the Price, anticipated dates for delivery/shipment, and other contractual obligations. No such adjustments shall constitute a breach of contract by Seller.
CONFIDENTIALITY: All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, purchaser lists, pricing, discounts or rebates, disclosed by Seller to Purchaser, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement shall be treated by Purchaser as confidential and may not be disclosed to any third party or copied by Purchaser unless authorized in advance by Seller in writing. Upon Seller’s request, Purchaser shall return all documents and other materials received from Seller. Seller shall be entitled to seek injunctive relief for any violation of this Paragraph 6. This Paragraph 6 does not apply to information that is: (a) in the public domain; (b) Purchaser can show was known to Purchaser at the time of disclosure; or (c) Purchaser can show was rightfully obtained by Purchaser on a non-confidential basis from a third party. Purchaser’s confidentiality, non-disclosure and non-use obligations herein shall remain in force for the maximum term permitted by applicable law.
WARRANTY:
Seller warrants that upon shipment from Seller’s site and continuing for a period of fifteen (15) months from shipment from Seller’s site (the “Equipment Warranty Period”), so long as shipment occurs within sixty (60) days of Seller’s Ready to Ship Notification to Purchaser, that the Seller manufactured Equipment will be free of defects in material and workmanship, provided any operation of the Equipment by Purchaser has been in accordance with generally approved practice as instructed by Seller service personnel or set forth in Seller service instructions, if any, and provided that Purchaser notifies Seller in writing as soon as such defect becomes apparent, but in all events during the Equipment Warranty Period. Notwithstanding the foregoing, the Equipment Warranty Period for burner blast tubes (Firing Heads), and mesh head elements is five (5) years from shipment from Seller’s site; provided that the warranty on mesh head elements is prorated at 20% / year. Seller shall repair, or at its option replace EXW point of shipment, any defective Equipment or parts covered by the warranty. If the Purchaser is entitled to a claim under this warranty, Purchaser shall, as a condition precedent to securing warranty performance, return the Equipment to Seller’s plant, 2001 South 21st Street, Parsons, Kansas, transportation prepaid. Notwithstanding the foregoing, where repair or replacement is deemed by Seller to be commercially impractical, Seller may choose to refund the Price upon return of the Equipment. The right to have defective Equipment repaired or replaced shall constitute the Purchaser’s sole and exclusive remedy for breach of this limited Equipment warranty. Labor for defective Equipment repair will be paid by Purchaser under a formula determined by Seller. For helical coils found in Seller’s HCS heaters, the Equipment Warranty Period for the helical coils is three (3) years. For helical coils found in Seller’s HC heaters, the Equipment Warranty Period for the helical coils is five (5) years. Equipment which is repaired or replaced shall carry a warranty equal to the unexpired portion of the Equipment Warranty Period.
Seller makes no warranties or guarantees with respect to Equipment not manufactured by Seller, including but not limited to diesel engines, motors, motor starters, pumps, mixers, mills, scales, speed reducers, and other assemblies, valves, pressure regulators, solenoids, electronic drives, pressure differential switches, temperature sensing switches, flame scanners, gauge boards, modulating actuators, electronic displays, pressure transmitters, radar sensors, other electronic controls and instrumentation and other parts and accessories. Liners, castings, furnace refractories, and refractory materials are subject to wide variations of destructive service, are also not covered by the Equipment warranty and are a maintenance responsibility of Purchaser from the beginning of operation. Seller will pass through to Purchaser any warranties and limitations provided by the original manufacturer of parts used in the Equipment manufactured by Seller, but Seller does not provide any warranty as to such items.
Seller warrants that the Services performed hereunder shall be free from defects in workmanship for a period of ninety (90) days from the date of performance (the “Service Warranty Period”). Seller undertakes at its cost to reperform defective Services covered by the warranty, provided that Purchaser notifies Seller in writing as soon as such defect becomes apparent, but in all events during the Service Warranty Period. The right to have defective Services reperformed shall constitute the Purchaser’s sole and exclusive remedy for breach of this limited Service warranty. Services which are reperformed shall carry a warranty equal to the unexpired portion of the Service Warranty Period.
No warranty shall apply to Equipment which has been repaired or altered by others so as, in Seller’s judgment, to adversely affect the same or which shall have been subject to negligence, accident, abuse or improper care, installation, maintenance, clogged or storage or other than normal use or service, during or after shipment. No warranty shall apply to any used Equipment or for ordinary wear and tear, or ordinary corrosion or erosion, or clogged or damaged filters. No warranty shall apply to any Equipment adversely affected by being used with any machinery, part or accessory not manufactured or authorized by Seller. No warranty shall apply to consumables or parts having a life expectancy shorter than the Equipment Warranty Period.
Seller does not warrant or represent that any Equipment furnished by it meets any federal, state or local safety, environmental or electrical regulations. Seller is wholly discharged from all liability under this warranty in the event that Purchaser fails to pay for the Equipment or Services in accordance with the applicable purchase terms. This Equipment warranty extends only to the first end-user and is not transferable. This warranty may not be modified except pursuant to a written agreement signed by Seller.
THE EXPRESS WARRANTIES AND WARRANTY REMEDIES PROVIDED IN THIS PARAGRAPH 7 ARE THE SOLE AND EXCLUSIVE WARRANTIES AND WARRANTY REMEDIES PROVIDED BY SELLER TO PURCHASER AND ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (EXCEPT WARRANTY OF TITLE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY WAIVED AND DISCLAIMED.
LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE THAT IN NO EVENT OR CIRCUMSTANCE IS SELLER LIABLE TO PURCHASER FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR LOSSES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF PRODUCTION, LOSS OF USE OR LOSS OF CONTRACTS, COSTS FOR RAW MATERIAL, ENERGY, UTILITY, LABOR OR CAPITAL OR FOR ANY OTHER INDIRECT LOSS; OR FOR CLAIMS RAISED BY PURCHASER’S CUSTOMERS; AND WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TERMINATION, NEGLIGENCE, TORT, STRICT LIABLITY, INDEMNITY AT LAW OR IN EQUITY OR OTHERWISE. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE EQUIPMENT SOLD HEREUNDER.
INSURANCE: From the date Seller notifies Purchaser that the Equipment is ready to ship, until the date the Equipment is paid for in full, Purchaser shall provide and maintain insurance in an amount no less than the total value of the Equipment delivered hereunder which insurance provides coverage against customary casualties and risks, including fire and explosion, and shall also provide coverage against liability for accidents or injuries to the public or to employees, in the names of Seller and Purchaser, as their interest may appear, and in amounts satisfactory to Seller. If Purchaser fails to provide such insurance, it then becomes Purchaser’s responsibility to notify Seller so that Seller may provide the same, and the cost thereof shall be added to the Price. All loss resulting from failure to affect such insurance shall be assumed by Purchaser.
SECURITY INTEREST; COST OF RECORDING: Purchaser hereby conveys and grants to Seller a purchase money security interest in the Equipment to secure payment by Purchaser of all amounts due hereunder including the Price and such other debts, obligations and liabilities of Purchaser to Seller which may now exist or hereafter arise, whether absolute or contingent, or primary or secondary, together with all extensions or renewals for the foregoing and all expenses, legal or otherwise (including court costs and reasonable attorney’s fees) incurred by Seller in collecting or endeavoring to collect any or all of the foregoing, in protecting any collateral and in enforcing the Agreement. The Equipment shall remain personal property in all respects notwithstanding the manner of annexation of any of the Equipment to realty. Purchaser agrees to execute any instrument or document considered necessary by Seller to perfect its security interest in the Equipment, including, but not limited to, financing statements, chattel mortgages, deeds of trust, deeds to secure debt, mortgages or other security instruments. Until default hereunder, Purchaser may have possession of the Equipment and use the same in any lawful manner not inconsistent with this Proposal or with any policy of insurance thereon. Purchaser will pay the costs and taxes due for recording and filing any Financing, Continuation or Termination Statements with respect to Seller’s security interest in the Equipment or in connection with any of the other security documents referred to above.
EQUIPMENT NOT TO BE REMOVED: As long as the security interest in the Equipment is retained by Seller, the Equipment shall not be removed from the erection site and Purchaser shall not permit, voluntarily or involuntarily, the Equipment or any part of it to be sold, transferred, encumbered, attached, seized or removed in any manner whatsoever.
DEFAULT: Upon default by Purchaser in the payment of the Price or any portion thereof when due or in the payment of all or any portion of any other indebtedness secured under this Agreement when due or in the performance of any other term or provision hereof, all unpaid amounts due Seller shall thereupon be immediately due and payable and Seller shall have the rights and remedies contained herein and the rights and remedies of a secured party under the Uniform Commercial Code of the State of Tennessee or under the laws of any other jurisdiction as a court of competent jurisdiction shall determine to be applicable. In the event of Purchaser’s default, the following provisions shall apply: (a) Purchaser shall, upon request of Seller, disassemble the Equipment and make it available to Seller at a place designated by Seller; (b) Seller may enter Purchaser’s premises where any part of the Equipment is located, and take possession of and remove all or any portion of the Equipment for purposes of disposition pursuant hereto; (c) Purchaser agrees that sales for cash or on credit to a wholesaler, retailer, or user or property of the type subject to this Agreement or at public auction or private sale are all commercially reasonable; (d) Seller shall give Purchaser notice of the time and place of any sale of any of the Equipment or of the time after which any private sale or any other intended disposition thereof is to be made by notice, postage prepaid and addressed to Purchaser at the latest address of Purchaser appearing on the records of Seller at least seven (7) days before the time of the sale or other disposition, which provisions for notice Purchaser and Seller agree are reasonable; (e) any proceeds of any disposition of any of the Equipment may be first applied by Seller to the payment of expenses in connection with exercising its rights and remedies hereunder, including reasonable attorney’s fees and legal expenses, and any balance of such proceeds may be applied as Seller may elect in its sole discretion; (f) if the sale or other disposition of the Equipment fails to satisfy in full obligations of Purchaser secured by this Agreement, and the reasonable expenses of retaking, holding, preparing for sale, selling and the like, including reasonable attorney’s fees and legal expenses incurred by Seller in connection with this Agreement or the obligation it secures, Purchaser shall be liable for any deficiency.
PERMITS AND APPROVAL OF PLANS: Purchaser assumes all responsibility for securing any necessary governmental approvals of the plans and specifications and any permits required for the installation and operation of the Equipment, all at Purchaser’s expense.
PERMIT CONTINGENCY: If the purchase of Equipment under this Agreement is contingent on Purchaser’s receipt of one or more permits or other governmental approvals, then the Price set forth in this Agreement will not be binding on Seller. Once all contingencies have been fulfilled or are waived, the Price will be determined by Seller taking into account any increase in Seller’s cost of purchased components and/or raw materials, among other factors.
COMPLIANCE WITH APPLICABLE LAWS: Purchaser assumes all responsibility for complying with all federal, state and local statutes, laws, codes, regulations and ordinances in connection with the installation and operation of the Equipment and any other activity related thereto, including, without limitation, all federal, state and local environmental laws and regulations relating to pollution and protection of the environment and the Occupational Safety and Health Act and all rules and regulations promulgated thereunder.
PATENTS: In the event that any of the Equipment specified in this Agreement is based upon designs of or furnished by Purchaser, Purchaser shall indemnify Seller for any loss or expense incurred by it by reason of any claim for infringement of patents.
SHIPMENT:
If Purchaser is in default of any of its obligations under this Agreement, Seller may, at its election, withhold any further performance of its obligations and duties under this Agreement until such time as such default has been cured by Purchaser, in which event the anticipated date of shipment as set forth herein shall be adjusted accordingly. Seller shall not be liable or responsible for, nor shall the Price be reduced by any amount because of any matters beyond the control of Seller which delay or postpone the anticipated date set forth above for the shipment of the Equipment, such matters including, but not limited to, warlike acts, civil disorder, governmental restriction, acts of God, prior sale, acceptance of United States governmental contracts, strike, lockout, accidents, freight embargo, fire, flood, inability of Seller to obtain necessary materials, supplies, labor or transportation, pandemic, or any unforeseen water, soil or rock conditions.
A detailed shipping list will accompany the bill of lading and Purchaser agrees to check the Equipment as it is unloaded and any claim for shortage against Seller will be made in writing within twenty-four (24) hours of time of unloading, to be followed by an affidavit (if required) from the person in charge of the unloading. Claims for loss or damage in transit will be made on the carrier by Purchaser.
Except to the extent otherwise provided herein, Purchaser has full responsibility for erection and/or installation of the Equipment.
LATE CHARGES AND ATTORNEY’S FEES: Purchaser agrees that in the event any amount payable by Purchaser to Seller remains unpaid for more than 30 days, a service charge of 1.5% per month (18% per annum) or any portion thereof (or the highest rate of interest allowed by law, whichever is less) shall accrue on such unpaid amount beginning on the thirty-first (31st) day after such date payment is due. If the indebtedness, including late charges, arising out of this or any other transaction between Seller and Purchaser is placed in the hands of an attorney for collection, or is collected by and through an attorney, Purchaser will pay all costs of collection, including without limitation, court costs and reasonable attorney’s fees.
POSTPONED DELIVERY (INCLUDING SHIPPING DELAY): lf, through no fault of Seller, delivery or shipment is delayed or postponed (including deferral of shipment requested by Purchaser), Purchaser shall pay to Seller any additional costs, including plant Equipment storage, handling, and insurance, incurred by Seller arising from such delay, deferral, or postponement. Such a delay, postponement or deferral is considered “offer to ship” or “shipment” for all purposes, including invoicing, payment and transfer of title. Therefore, the balance remaining unpaid on the Price shall become due and payable immediately. Purchaser shall bear the risk of loss of or damage to the Equipment during storage and thereafter. If, as a result of the delay, postponement or deferral, the Equipment requires repainting, all costs associated with repainting shall be paid by the Purchaser. Should Purchaser delay/postpone/defer shipment, Purchaser and Seller will complete the attached “Postponed Delivery/Shipping Delay/Deferral Notice”.
EQUIPMENT CERTIFICATION: Once certification and fabrication has been completed on control houses and power houses, if state certification specifications change or unit(s) are to be shipped to a location other than that for which the certification was acquired, the cost of any recertification and/or modifications required to be done on the Equipment shall be paid by Purchaser.
LIMITATION OF PROPOSAL: The Price and terms quoted in this Sales Proposal are subject to formal acceptance (i.e. signature on this Sales Proposal) without change by Purchaser within a period 30 days from the date hereof, except that Seller shall have the right to withdraw its Sales Proposal at any time before formal acceptance by Purchaser.
EXECUTION OF CONTRACT: This Sales Proposal is merely the solicitation of an order and is not an offer from Seller to Purchaser (even though executed on behalf of Seller under “RESPECTFULLY SUBMITTED,”) and does not obligate Seller in any manner whatsoever until this Agreement is both executed below on behalf of Purchaser as an order made to Seller as well as executed below on behalf of Seller as an acceptance of such order from Purchaser, at which time this Agreement shall become a binding contract between Seller and Purchaser. Once this Agreement has become a binding contract, it cannot be suspended or cancelled without the prior written consent of Seller, which may be withheld in the sole discretion of Seller. In no event will consent to suspension or cancellation be given without full reimbursement by Purchaser of all Seller’s expenses, damages and losses arising from such cancellation or suspension and incurred through the date of cancellation or suspension, plus reasonable overhead and profit allocation on such amounts.
SEVERABILITY: If any provision of this Agreement is found to be legally invalid or unenforceable: (i) the validity and enforceability of the remainder of this Agreement shall not be affected, (ii) such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law, and (iii) such provision shall be valid, enforceable and enforced in its modified form.
ASSIGNMENT: Purchaser shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Paragraph 24 is null and void. No assignment or delegation relieves Purchaser of any of its obligations under this Agreement.
LAW CONTROLLING: This Agreement and all questions regarding the performance of the parties hereunder shall be controlled by the laws of the State of Tennessee (without regard to conflicts of law). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, or the transactions contemplated thereby.
DISPUTE RESOLUTION: Any dispute or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, and any related tort, statutory and equitable claims (each a “Dispute“), which the parties are not able to settle amicably within 3 months from the first written request for such settlement, shall be brought exclusively in a state or federal court in the State of Tennessee, County of Hamilton. The parties hereby waive any right to challenge such choice of jurisdiction or venue or to seek transfer to another jurisdiction. THE PARTIES FURTHER KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF THE DISPUTE.
TAXES: Prices quoted herein do not include any Federal, State or Municipal Taxes. If under existing or future law passed by the United States, any state or any municipality, Seller, in its opinion, is required to pay or collect a tax, impost or charge upon the manufacture, sale, use or assembly of the material described herein, the Price shall be increased by the amount of such tax, impost or charge. The amount of such increase is to be paid to Seller upon demand. If Purchaser holds resale tax permits and the material described herein is for resale, such information shall be shown by Purchaser.
BACK-CHARGES AND ALLOWANCES: Seller shall not be called upon to make any allowance for material, labor, repairs or alterations made for its account unless authorized by Seller in writing.
INSPECTION AND ACCEPTANCE PERIOD: Purchaser agrees to inspect the Equipment immediately after delivery to the site, but in no event later than five (5) calendar days after such delivery (the “Acceptance Period“). Any defect discovered during the Acceptance period is subject to the procedures and remedies set forth in Paragraph 7 (Warranty).
RESPONSIBILITY OF PURCHASER FOR OPERATION OF EQUIPMENT: The operation of the Equipment at all times shall be the sole and exclusive responsibility of Purchaser or any end user. Any Services by Seller’s representatives shall be given solely in a consulting or advisory capacity and shall not release Purchaser or any end user in any manner whatsoever from its responsibility for operating the Equipment.
INDEMNIFICATION: Purchaser agrees to indemnify and hold harmless Seller, its affiliates and their respective employees from and against any and all liabilities, damages, obligations and claims (including, without limitation, court costs and reasonable attorney’s fees) arising from or with respect to the operation of the Equipment. Without limiting the generality of the preceding sentence, the parties acknowledge and agree that if a claim initially was brought against Seller for defective manufacture, design or the like and was finally determined by a court of competent jurisdiction or otherwise settled (such settlement being with Purchaser’s consent) on a basis relating to the negligent operation or use of the Equipment, Seller will be entitled to indemnification pursuant to the provisions of the preceding sentence.
TITLE AND RISK OF LOSS:Title to the Equipment shall pass to Purchaser upon shipment or offer to ship should Purchaser delay shipment. The risk of loss or damage to the Equipment shall pass to Byer upon delivery of the Equipment (EXW point of shipment Seller site, Incoterms 2020), unless transferred earlier in accordance with Paragraph 19 (Postponed Delivery (Including Shipping Delay)).
NOTICES: Each party shall deliver all notices and other communications under this Agreement (each, a “Notice“) in writing and addressed to the other party at the addresses set forth on the first page of this Sales Proposal. Each party shall deliver all Notices by personal delivery or through deposit in the mail, certified or registered (in each case, return receipt requested, postage prepaid) or through a nationally recognized overnight courier (with all fees prepaid). If Notice should be given immediately or promptly, then in addition to furnishing a copy of the Notice in the manner aforesaid, a copy shall be sent via e-mail (with confirmation of transmission). A Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this Section 33, unless the receiving party has waived its requirements in writing. A copy of all notices to Seller shall be sent to: Power Flame, 1725 Shepherd Road, Chattanooga, TN 37421, Attn: Legal Counsel.
WEIGHTS: Shipping weights or dimensions wherever shown in price lists, catalogs and as show in proposals or quotations, are approximate and are not guaranteed.
DESIGN CHANGES: Seller reserves the right to make changes in design from time to time as are deemed desirable without incurring the obligation to furnish them for Equipment previously sold or shipped.
PAINTING: Before shipment, Seller will apply one coat of standard paint to all structural and plate work, and two coats to paving machines.
SAFETY DEVICES: The Equipment is provided with only those safety devices identified herein. It is the responsibility of Buyer to furnish other appropriate safety devices which are desired by Buyer and/or required by OSHA or other laws and regulations.
ELECTRICAL EQUIPMENT AND WIRING: Seller cannot assume responsibility that any weather-resistant cords, plugs or receptacles included with its power and/or control panels will be acceptable under the applicable electrical code. Buyer is responsible for any disconnect switches or other devices required in addition to the main disconnect switch in the power panel. Scale, probe or moisture meter cables or wires are not to be installed underground, and each is to be kept isolated from all other power and/or signal wires.
DISCONTINUANCE, IMPROVEMENT AND DESIGN CHANGES. Seller may discontinue the manufacture of any Equipment or make changes or improvements at any time in the specifications, construction or design of any Equipment without incurring any obligation to Buyer. Equipment so changed or improved will be accepted by Buyer in fulfillment of existing orders.
