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TERMS AND CONDITIONS OF SALE
Acceptance of any order and sale of any goods are expressly conditional upon the terms and conditions as listed herein. Any order or statement of intent to purchase any such goods, or any direction to proceed with engineering, procurement, manufacture or shipment shall constitute assent to said terms and conditions. Any additional or different terms or conditions set forth in Buyers purchase order or communication are objected to and will not be binding upon Silver Eagle Manufacturing, unless specifically assented to in writing by an authorized representative of Silver Eagle Manufacturing management.
- Prices
- All prices stipulated or promulgated by Silver Eagle Manufacturing are subject to change without notice. Prices do not include any present or future sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
- Shipping
- Buyer acknowledges that the estimated production time, and/or shipping dates given in advance of actual shipments are best estimates and shall not be deemed to represent fixed or guaranteed shipping dates. Date of receipt of funds or written authorization of said funds constitutes actual order date. Silver Eagle Manufacturing shall not be liable for failure to deliver or for delay in delivery or performance due to (1) a cause beyond its reasonable control or (2) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority, or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, delay in transportation or (3) any other commercial impracticability
- It is understood that upon arrival of the shipment, the buyer will inspect it immediately. If the order is not received in satisfactory condition, the buyer can, (1) option to refuse the shipment and return the equipment for repair or replacement at Silver Eagle Manufacturing’s discretion or (2) keep all packaging material and notify Silver Eagle Manufacturing within 48 hours. It is the buyer’s responsibility, if after signing for receipt of the freight, to report any damage to the carrier and file a claim, if necessary, including all shipping costs. If the freight is refused and returned for damage reasons, Silver Eagle Manufacturing will repair or replace the equipment expediently. Silver Eagle Manufacturing will then ship the equipment to the buyer at no additional cost and make a claim against the carrier favoring the shipper. However, by accepting the shipment, the buyer recognizes that minor aesthetic imperfections (including but not limited to blemishes, cosmetic welds, etc.) do not affect the functionality of the equipment and are therefore satisfactory. Any damage, leaks, missing parts, or defects will be resolved in a timely fashion, and the buyer gives Silver Eagle Manufacturing the opportunity to remedy any issue, as laid out in the conflict resolution procedures below. Buyer agrees to forfeit all rights of challenge or charge-back of any credit card purchase made by buyer through Silver Eagle Manufacturing without first allowing for the conflict resolution procedure to be executed. The only exception to this would be the refusal of Silver Eagle Manufacturing to repair or replace a damaged or defective, newly purchased machine as specified in this agreement. If the carrier refuses responsibility because of acts or omissions of the buyer, Silver Eagle Manufacturing assumes no responsibility of the costs incurred to correct the issue. Buyer agrees that warranty issues will be resolved under the terms of the warranty contained in the equipment manual and will have no affect on payment and/or delivery terms.
- Conflict Resolution Procedures (for issues arising between order date and acceptance of equipment.)
- Buyer explicitly agrees to forfeit any and all rights to challenge or charge-back any credit card purchase made by buyer through Silver Eagle Manufacturing unless:
- Goods are not received within the projected production time plus 30 days.
- A valid complaint restricting the operation or function of the product is not corrected to the manufacturer’s standard and reshipped within 30 days from return of the product to Silver Eagle Manufacturing.
- A part or component is requested by buyer to perfect repair and is not shipped within 30 days of the request.
- It is understood that these periods of time represent extremes and are not normal turnaround times for repair or parts replacement. It is also understood that these remedies apply only to new purchases. All other service related problems would be addressed under the product warranty.
- Buyer will accept the equipment without exception of quality or workmanship if the product meets or exceeds the specifications provided at the time of order. This does not allow buyer to refuse the legitimate right of Silver Eagle Manufacturing to remedy a specification problem or error as stated above in this document. No photo or representation other than the order specifications will be acceptable as legitimate representation of the order. Buyer is responsible to read order specifications before entering into the order.
- Payments
- Payment shall be made in US$(USD) only or in the currency agreed. Deposit and/or payment will be accepted in the form of a wire transfer, personal or company check, cashier’s checks, money orders, or any certified funds. All cashier’s checks and money orders must be verified before equipment will be released. For your convenience we accept Visa Card, Master Card, Discover Card, and American Express, for payment of deposit as well. (A 2.5% fee will be charged on ALL American Express purchases.) The balance of the purchase if paid by company or personal check MUST be submitted within 2 weeks of the order to allow time for funds to clear. Otherwise, the balance must be paid with certified funds (wire transfer, cashier’s check, cash), with time allowed for clearing and verifying, prior to shipping.
- Termination
- Buyer may terminate an order during production process only by mutual written agreement based on payment to Silver Eagle Manufacturing of reasonable and proper termination charges.
- Returns
- No return of goods will be accepted without prior authorization from a representative of Silver Eagle Manufacturing management. All returns must be accompanied by a Returned Merchandise Authorization (RMA) number provided by Silver Eagle Manufacturing. RMA numbers are valid for 90 days only. Except due to manufacturer defects, all returns must be in resellable condition and are subject to a 25% restocking charge. There are no returns accepted on electrical parts.
- Limitation of Liability
- Silver Eagle Manufacturing’s liability on any claim for loss or damage arising out of a contract or from the performance or breach thereof or connected with the supplying of goods, or their sale, resale, operation or use, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such goods or part thereof involved in any claim.
- Silver Eagle Manufacturing shall not under any circumstances be liable for any labor charges, special or consequential damages including, but not limited to, bodily injury (including sickness), loss of profits or revenue, loss of use of any product or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or costs of claims arising from Buyer or Buyer’s customers.
- Any technical or other advice or assistance furnished by Silver Eagle Manufacturing, which concerns any goods supplied here under, will not subject Silver Eagle Manufacturing to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
- Product Representation
- Silver Eagle Manufacturing builds units to the customer’s specifications. The Buyer acknowledges that all written and photographic material of Silver Eagle units on sales literature and/or websites are for reference only and may not be representative of the unit specified in the purchase agreement.
- Availability
- Products listed on website are manufactured by order. Production time is quoted once order is placed. See paragraph (2a) of these terms for production time.
- Governing Law
- All orders are accepted by Seller at its mailing address in Cut-N-Shoot, Texas, and shall be governed by and interpreted in accordance with the laws of the state of Texas.
- Safety Hazards
- Silver Eagle Manufacturing hightly recommends that buyer wear all proper safety gear necessary to be protected from high pressures and high temperatures of water. These include, but are not limited to, safety work boots, rain suit, safety eye goggles, and heavy duty safety gloves Buyer acknowledges that Silver Eagle Manufacturing has advised buyer of potention safety hazards that could be incurred if proper safety apparel is not worn.
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