PMI INC. CONDITIONS OF SALE
ANY ORDER IS ACCEPTED ONLY WHEN SUBJECT TO ALL TERMS AND CONDITIONS SET FORTH BELOW.
- This order, if accepted, is not subject to cancellation, change, reduction in amount or suspension of deliveries, except with the prior written consent of an official of PMI Inc., and upon terms which indemnify PMI Inc. against loss, whether direct or consequential to such cancellation or change.
- In any and all cases where goods or services are offered for sale by PMI Inc., we act as Distributors and Manufacturers Representatives, whether the goods or services supplied are sold by PMI Inc., or by the Manufacturer. In any and all such transactions, PMI Inc. assumes no direct responsibility or liability for any Manufacturer’s product except as stated below.
- In the case of manufactured goods made to order, such as Heaters, Temperature Controls, automated equipment, etc. Manufacturer’s standard terms and conditions apply. Manufactured goods made to specification, such as Control Panels, and Heaters carry standard warranties from the Manufacturers. In-transit damage, if any, is the responsibility of the Transportation Company.
- PMI Inc. assumes no responsibility or liability for any loss or damage occurring by reason of delay or inability to deliver by our suppliers caused by fire, strikes, accidents, embargoes, delay of carriers, insurrection, riots, acts of the civil or military authorities, shortages or unavailability of equipment, materials, or supplies, or any other cause which is unavoidable or beyond reasonable control. If delays from such causes should occur, delivery of goods from our suppliers will be correspondingly extended. In the case of equipment built to order, such as Control Panels and heaters, all deliveries quoted are understood to be only our suppliers’ best estimates of the time required to complete the work and are not guaranteed. No delay of shipment penalties shall apply or be accepted by PMI.
- Any claims for shortages or rejections must be made within 10 days after receipt of goods, or initial testing of Control Panels and Heaters. Replacement of reported shortages or rejected goods will be made as quickly as reasonably possible, upon acceptance of the claim by our suppliers.
- Any unpaid balances on goods delivered will constitute a lien against the items, which may be remedied by our recovery of the items for resale to recover unpaid balances. Ownership of goods and the right to reclaim possession remains with our suppliers until all balances are paid.
- In the case of Control Panels and Heaters built to customer design or specification, the Customer agrees to hold PMI Inc. and our suppliers harmless against any loss resulting from infringement of patents or trademarks. The Customer also agrees to pay for any changes to Control Panels and Heaters made necessary by changes in specifications that may occur after work is begun, and to assume all risk of resultant damage from such changes.
- PMI Inc. reserves the right to withdraw any quotation, return any deposits or payments made, and resign from a project at any time during the course of manufacture of products to customer specification, for any reason we deem sufficient. Examples of sufficient reasons include the discovery that the product is to be used in an illegal enterprise, that the planned product is hazardous, or that the customer demonstrates an inability to pay for the project. A project may also be resigned if specifications change such that the project cannot be completed according to our quotation.
- Warranties and Representations Specific to Control Panels: PMI Inc. makes every effort to select suppliers for Control Panel parts making who have a reliable record of producing excellent quality at competitive prices with predictable deliveries. Each of our sources has its own specific set of warranties, representations, and disclaimers, which will be supplied on request once work is placed with a specific source. A typical supplier’s policies are listed below: It is the responsibility of the Customer to specific terms applicable to the supplier contracted for a given project.
- Manufacturer’s sole responsibility is to produce tools that match the dimensions and material selection standards of the design drawings supplied by or approved by the customer’s engineering group. The manufacturer makes no express warranty of any kind with respect to quality, fitness for a particular use or purpose, or otherwise. Beyond dimensional accuracy, performance is not guaranteed. Design approval is Customer responsibility.
- If the Panels fail to conform to specifications or prove to be defective, Manufacturer will repair or replace the Panel, or at the Manufacturer’s option, reimburse the customer for the defective components, once new components are shown to solve the problem.
- In case any Panels prove unsuitable for any reason, the customer agrees to immediately discontinue use of the Panel and advise the Manufacturer of the product failure. No claim will be recognized by the Manufacturer, nor will the Manufacturer be bound by any claim not filed within two weeks after delivery of the tools. Continuing to run product made from a “defective” tool voids all claims for reimbursement or repair.
- The manufacturer will under no circumstances be liable for any secondary loss, expense or damage, direct or indirect, special or consequential. In no case shall the liability of the Manufacturer exceed the price of the Panels alleged to be unsuitable, unsatisfactory, improper, or defective. Control Panels or Heaters damaged in transport, handling, or as the result of any form of poor processing procedures are not our responsibility.
- The manufacturer is solely and individually responsible for goods produced and supplied. Agents, representatives, etc. engaged by Manufacturer to market services are not employees of the Manufacturers and are not responsible or liable for results produced by the Manufacturer’s activities. Agents may, however, be assigned to supervise installations, conduct on-site training, and assist the Customer in use of the product supplied, if qualified.
- The terms and conditions listed above, exclusively and without any exceptions of any kind, expressed or implied, govern the sale of any and all goods described on the face of this document, and no other terms and conditions shall affect the same except as they may appear on the face hereof. Neither acceptance of any order, verbal or written, nor delivery of goods shall constitute acceptance of any provision appearing in Customer’s purchase order or any other form that is inconsistent in any respect with the terms and conditions stated herein. No variation of the terms and conditions stated herein shall be binding upon PMI Inc. unless agreed to in writing and signed by an authorized representative of PMI Inc. Legal and financial liability for products supplied remains exclusively with the individual manufacturers and suppliers of the goods and services provided, and not with PMI Inc., their agents or employees.
- In the event that a customer defaults in making payment in accordance with the terms and conditions herein stated and PMI Inc. is required to institute legal proceedings as the result of such default, then and in that event the customer agrees to pay an additional twenty percent (20%) of the purchase price as attorney’s and collection fees, it is understood that the said twenty percent (20%) of the purchase price shall be added on to and become a part of the purchase price. Should collection expenses exceed that amount, the customer is required to and hereby agrees to pay the difference.
- In the event of any and all disputes that may arise between customers of PMI Inc. and suppliers of goods and services contracted by PMI Inc. to provide items requested by our customers, the customer agrees that the suppliers, and not PMI Inc., their agents, or employees, are responsible for the settlement of any and all claims that may arise. PMI Inc. does not warrant the performance of any Manufacturer on any specific project. Every effort is made to select Manufacturers and products in accordance with Customer specifications.