Warranty

LIMITED EQUIPMENT WARRANTY OF SALE – TERMS & CONDITIONS
Equipment Development Company, Inc. herein referred to as EDCO (Seller)
warrants that each new unit manufactured by EDCO to be free from defects in
material and workmanship in normal use and service for a period of (1) one year
(except for the cutter drum assembly on all model concrete/asphalt planes, in
which case the warranty period shall be 90 days) from date of shipment to the
original retail or equipment rental center owner.
Accessories or equipment furnished and installed on the product by EDCO but
manufactured by others, including, but not limited to engines, motors,electrical
components, transmissions etc., shall carry the accessory manufacturers own warranty.
EDCO will, at its option, repair or replace, at the EDCO factory or at a point
designated by EDCO, any part which shall appear to the satisfaction of EDCO
inspection to have been defective in material or workmanship.
EDCO reserves the right to modify, alter and improve any part or parts
without incurring any obligation to replace any part or parts previously sold
without such modified, altered or improved part or parts.
This warranty is in lieu of and excludes all other warranties, expressed, implied,
statutory, or otherwise created under applicable law including, but not limited to
the warranty of merchantability and the warranty of fitness for a particular
purpose in no event shall seller or the manufacturer of the product be liable for
special, incidental, or consequential damages, including loss of profits, whether or
not caused by or resulting from the negligence of seller and/or the manufacturer
of the product unless specifically provided herein. In addition, this warranty shall
not apply to any products or portions there of which have been subjected to abuse,
misuse, improper installation, maintenance, or operation, electrical failure or
abnormal conditions and to products which have been tampered with, altered,
modified, repaired, reworked by anyone not approved by seller or used in any
manner inconsistent with the provisions of the above or any instructions or
specifications provided with or for the product
FORCE MAJEURE
Seller’s obligation hereunder are subject to, and Seller shall not be held
responsible for, any delay or failure to make delivery of all or any part of the
Product due to labor difficulties, fires, casualties, accidents, acts of the elements,
acts of God, transportation difficulties, delays by a common carrier, inability to
obtain Product, materials or components or qualified labor sufficient to timely
perform part of or all of the obligations contained in these terms and conditions,
governmental regulations or actions, strikes, damage to or destruction in whole or
part of manufacturing plant, riots, terrorist attacks or incidents, civil commotions,
warlike conditions, flood , tidal waves, typhoon, hurricane, earthquake, lightning,
explosion or any other causes, contingencies or circumstances within or without
the United States not subject to the Seller’s control which prevent or hinder the
manufacture or delivery of the Products or make the fulfillment of these terms and
conditions impracticable. In the event of the occurrence of any of the foregoing,
at the option of Seller, Seller shall be excused from the performance under these
Terms and Conditions, or the performance of the Seller shall be correspondingly
extended.
This document sets forth the terms and conditions pursuant to which the purchaser
(“Purchaser”) will purchase and Equipment Development Co.Inc. (“Seller”)will
sell the products, accessories, attachments (collectively the Products “) ordered by
the Purchaser. These terms and conditions shall govern and apply to the sale of
Seller’s Products to Purchaser, regardless of any terms and conditions appearing
on any purchase order or other forms submitted by Purchaser to Seller, or the
inconsistency of any terms therein and herein.
1. PRICE
All prices set forth on any purchase order or other document are F.O.B. Sellers facility
or distribution point, as may be determined by Seller (F.O.B.Point). All prices are
exclusive of any and all taxes, including, but not limited to, excise, sales, use, property
or transportation 0taxes related to the sale or use of the Products, now or hereafter
imposed, together with all penalties and expenses. Purchaser shall be responsible for
collecting and/or paying any and all such taxes, whether or not they are stated in any
invoice for the Products. Unless otherwise specified herein, all prices are exclusive of
inland transportation, freight, insurance and other costs and expenses relating to the
shipment of the Products from the F.O.B. point to Purchaser’s facility. Any prepayment
by Seller of freight insurance and other costs shall be for the account of Purchaser and
shall be repaid to Seller.
2. PAYMENT TERMS
Payment terms are as follows. 2% 10 days (to approved and qualified accounts).
Net 30 days. This is a cash discount for invoices paid within 10 days after the
invoice date, regardless of date of receipt of shipment. This is not a trade discount
and will not be granted to accounts that do not adhere to stated terms.
*All past due accounts are subject to a late payment fee of 1.5% per month or a
maximum allowed by law if different, along with the expenses incidental to
collection including reasonable attorney’s fees and costs.
*Seller reserves the right to hold shipments against past due accounts.
*Seller reserves the right to alter payment terms.
3. FREIGHT TERMS
All shipments will be made F.O.B. shipping point as designated in these Terms and
Conditions, and title shall pass at the F.O.B. point. Delivery to the initial common
carrier shall constitute delivery to the Purchaser. Any claims for loss or damage
during shipment are to be filed with carrier by the Purchaser. Seller will not
assume responsibility for the performance of the carrier.
Backorders will be shipped in the most practical fashion with charges consistent
with our freight policy established with the original order. UPS, FED EX, MAIL
or shipments by other couriers are subject to the same terms and conditions as
outlined in paragraph #3”Freight Terms”.
4. DELIVERY, DAMAGES, SHORTAGES
Seller shall use reasonable efforts to attempt to cause the Products to be delivered as
provided for in these Terms & Conditions. Delivery to the initial common carrier shall
constitute the delivery to the Purchaser. Sellers responsibility, in so far as transportation
risks are concerned ceases upon the delivery of the Products in good condition to such
carrier at the F.O.B. point and all the Products shall be shipped at the Purchaser’s risk.
Seller shall not be responsible or liable for any loss of income and/or profits, or
incidental, special, consequential damages resulting from Seller’s delayed performance
in shipment and delivery.
5. RETURN OF DEFECTIVE PRODUCTS
Defective or failed material shall be held at the Purchaser’s premises until
authorization has been granted by Seller to return or dispose of Products. Products
that are to be returned for final inspection must be returned Freight Prepaid in the
most economical way. Credit will be issued for material found to be defective
upon Seller’s inspection based on prices at time of purchase.
6. PRODUCTS ORDERED IN ERROR
Products may be returned, provided that claim is made and Seller is notified within
7 days of receipt of Products, and the Products are in original buyer’s possession
not more than 30 days prior to return, subject to Seller’s approval. If Products are
accepted for return, they must be Freight Prepaid and buyer will be charged a
minimum of 15% rehandling charge, plus a charge back for outbound freight
charges if the original order was shipped prepaid. Returns are not accepted for any
Products that are specifically manufactured to meet the buyer’s requirement of
either specifications or quantity.
AGREEMENTS
These Terms and Conditions constitute the entire agreement between Seller and
Purchaser as it relates to terms and conditions of sale, and supersedes any and all prior
oral or written agreements, correspondence, quotations or understandings heretofore in
force between the parties relating to the subject matter hereof. There are no agreements
between Seller and Purchaser with respect to the Product herein except those
specifically set forth in and made part of these terms and conditions. Any additional
terms, conditions and/or prices are rejected by Seller.
These terms and conditions may be modified, cancelled or rescinded only by a
written agreement of both parties executed by their duly authorized agents.
USE ONLY GENUINE EDCO PARTS & ACCESSORIES
For your own safety, the safety of others and the life of your machine.
Equipment Development Company, Inc.
100 Thomas Johnson Drive, Frederick, MD 21702
Phone: [phone]
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1-800-638-3326
Fax: [phone]
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1-800-447-3326
Website: edcoinc.com
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Email: [e-mail]