P.O. Terms & Conditions
Payment/Security/Insurance/Default: Unless otherwise agreed in writing, payment shall be 10% upon hereof and the remainder prior to delivery. If credit is extended, Allentown Shotcrete Technology, Inc. (AST) shall have title to, and have a security interest in, the equipment until Buyer has made all payments and Buyer shall execute a UCC-1 form to protect AST's interest. Buyer shall maintain all risk insurance coverage for the equipment with AST as loss payee and furnish AST with a certificate of coverage. Buyer agrees not to use the equipment if in default on any payment and stipulates to a Court Order specifically enforcing this term, without limitation of AST’s other remedies. One and one half percent per month or the highest allowable rate of interest, whichever is less, shall be due on late amounts.
Taxes: All sales/use taxes are additional and will be paid by Buyer.
Warranty: NEW equipment in normal use will be free of defects in workmanship and materials for 12 months or 1,100 hours (whichever occurs first) after delivery. PURCHASED PARTS are warranted for 90 days after delivery. AST's warranty obligation is limited to the repair or replacement at its factory of any defective parts returned by Buyer. USED machines are sold "as is" without warranty, unless otherwise agreed in writing.
This Warranty does not cover:
- Replacement of parts due to normal wear (cylinders, valve mechanisms, etc.);
- Components manufactured by others, which may be covered by warranties of the manufacturers;
- Damages resulting from misuse, abuse, accident, faulty repair, or alterations;
- Transportation costs;
- The costs of removal or remounting.
This Warranty is void if the equipment is subject to misuse, accident and/or has not been maintained in accordance with the instructions and recommendations stated in the AST Manual.
THERE IS NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY.
Exclusion of Damages: AST SHALL NOT BE LIABLE FOR INCIDENTAL, GENERAL, NOR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM DELAY IN DELIVERY, LOSS OF USE, PARTS FAILURE, OR OTHER CAUSE. Buyer's exclusive remedies against AST shall be for the cost of warranty repairs or (if appropriate) for rescission.
Delays: AST will do its best to meet the stated delivery date, but in no event shall it be liable for any damages resulting from delay in delivery.
Parts Purchases: These Terms and Conditions also apply to any future purchases by Buyer of parts from AST.
Disputes: Any dispute arising out of this Agreement shall be resolved by binding arbitration before the American Arbitration Association in Allentown, PA. This term shall not preclude legal action by AST to enforce security rights and take possession of equipment or to prevent its use after default in payment. In any arbitration or litigation, the prevailing party on an issue shall be entitled to recover its reasonable attorney’s fees with respect to that issue. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THIS ARBITRATION AGREEMENT WILL BE INTERPRETED AND ENFORCED ACCORDING TO THE FEDERAL ARBITRATION ACT.
Entire Agreement: All prior representations and proposals, if any, are superseded by and merged into this Agreement, which constitutes the entire agreement between the parties. Any changes must be in writing signed by the party to be charged.