| SCOPE. These terms and conditions cover the sale of all goods, listed or sold by Stratton Sales, hereinafter referred to as the Company or Seller. |
| INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS. The Company retains all rights to industrial and intellectual property over the design, drawings, programs, manuals, and other materials made available by the Company. |
| ORDERS. Quotations and Price Lists by Seller shall be deemed to be offers by Seller to sell the goods described therein, and are subject to these TERMS AND CONDITIONS OF SALE. Purchase orders both verbal and written submitted by the Buyer for the goods quoted by Seller shall be subject to and will be deemed to constitute acceptance of these TERMS AND CONDITIONS OF SALE. All purchase orders will be subject to approval by Seller. The contents of pamphlets, manuals, and Price Lists do not bind the Seller, and specifications are subject to change without notice. If offers are based on data provided by the Buyer, the Seller presumes that such data is correct. Customer orders are accepted subject to satisfactory credit approval. Delivery may be delayed without liability on the part of the Company pending such approval. No terms and conditions of sale on a customer order that are at variance with the Company’s terms and conditions of sale will be binding on the Company, unless specifically agreed to by the Company in writing. No waiver by the Company at any time of one or more of the terms and conditions of sale shall operate or be construed to operate as a continuing waiver of such terms and conditions. |
| DELIVERY TIME. The delivery time specified is determined by the Seller and is approximate from Factory, F.O.B. Salt Lake City, Utah, USA, unless the contrary is expressly stated. The delivery time is the time when the goods are available for pick up at the Company’s factory. The delivery time is subject to possession of all requisite technical data and receipt of any required partial payments. Exceeding the delivery time will not give any rights to compensation unless such liability is accepted by the Seller in writing. If the goods are ready for pick up after the delivery time and are not taken, they are at the disposal of the Buyer and will be stored at the Buyer’s risk and expense and/or are subject to resale. Buyer shall bear (or shall reimburse Seller) for all taxes and/or excises or other government charges or levies. |
| TRANSPORT. All shipments are F.O.B. Salt Lake City, Utah, USA. On shipments made by common carrier, our responsibility ceases upon delivery of material in good order to the initial transportation company. All claims for goods lost or damaged during transit, shall be entered by the consignee against the carrier. Any claims for shortages must be made within 10 days of receipt of goods. All goods travel at the expense and risk of the Buyer, even if the Seller arranges the transport. The Buyer is to take out insurance or instruct the Seller to purchase insurance on Buyer’s behalf for damage connected with the transport. |
| DAMAGED MERCHANDISE. The Seller’s responsibility for shipment ceases with acceptance by freight carrier. If any goods called for on the Bill of Lading are short or damaged, the Buyer should not accept them until the freight carrier’s agent makes a damage notation on the freight carrier’s bill. The Buyer should thoroughly inspect the shipment as soon as it is received. If any concealed loss or damage is discovered, the freight carrier’s agent should be promptly notified and a request for an inspection for claim should be made. The Seller should be notified immediately in the event of any claim against the freight carrier, but in no event shall the Company be liable on any claims for damages. |
| SHORTAGES OR VARIANCE. The Company reserves the right to partial ship orders when, due to conditions beyond the Company’s control, all items to be shipped are not completed. |
| DELAY IN SHIPMENT. The Company will make commercially reasonable efforts to deliver goods in accordance with delivery dates specified. Seller shall promptly notify Buyer of the absence or shortage of supply of goods. Seller shall not be liable for claims or expenses of any kind or nature whatsoever or howsoever caused by the delay in delivery or unavailability of goods. In the event that the goods do not arrive for whatever reason, the Seller shall not be liable to the Buyer for any damages including but not limited to damages of property, damages for loss of time, or loss of profit/income. The Seller supplies the goods in packaging which is suitable in the opinion of the Seller. If the Buyer prescribes a different type of packaging, the Seller may charge the costs of such different packaging to the Buyer. |
| INSTALLATION AND DELIVERY. The Buyer is responsible for proper installation, operation under normal conditions with proper supervision, and performance of preventive maintenance on all goods sold under this Agreement. The Seller is not responsible for rigging, fork lifts, special moving equipment and assistance required for off-loading of equipment, uncrating, disposal of crating material, or installation upon delivery. |
| PRICES. All prices quoted are in U.S. FUNDS. All prices published or otherwise expressed are subject to change without notice and supersede all previous price lists or understandings. All orders will be invoiced at prices in effect at time of shipment unless otherwise agreed to by the Company in writing prior to shipment. Items are subject to shipment in whole or in part at the option of the Company and each shipment is subject to immediate invoicing. Equipment specifications, descriptions or illustrations shown in catalogues or brochures issued by the Company, or items depicted on the Company’s web site, are subject to change without notice. |
| TERMS OF PAYMENT. Invoice showing terms of payment as Net 30 days is subject to payment within 30 days from date of invoice. |
| INTEREST AND COSTS. Interest charges of twenty-four percent (24%) per annum calculated monthly (effective annual rate of 26.82%) will be made on all past-due accounts and the customer shall fully indemnify the Company for all cost of collection, including all reasonable attorney fees and costs. |
| TAXES AND DUTIES. Subject to such sales taxes and/or VAT taxes and/or other taxes, including duties, as are invoiced to the customer, any exemption from taxes and duties extended to the Customer is without prejudice to the Company’s right to charge taxes or duties at any subsequent date should the taxing authorities determine that the goods covered by this invoice are taxable or dutiable. |
| RETURNED GOODS. Permission in writing must be received prior to returning any goods. Any request to return goods must be accompanied by the relevant Stratton Sales invoice number, within ten days of receipt of goods. The Company has the right to refuse to accept return of any goods. No returns are permitted after 30 Days following the date the goods are delivered. Goods that are special order or custom designed, or parts requested for obsolete/aged equipment, are not returnable. All credits, if and when issued, except in the case of a Company shipping error, will be subject to a minimum return charge of 20%. Final acceptance of returned goods is subject to examination to determine condition, etc. Goods returned must be returned in like-new condition and properly packaged and remain the customer’s responsibility until such time as a credit memo has been issued. |
| LIMITED WARRANTY. The Company will accept warranty claims only to the extent of the limited warranty set forth in this Agreement. The Company warrants that the products sold under this Agreement will be free from defects in materials and workmanship for a period of 12 months after delivery. The Company will repair or replace defective parts covered by this warranty during the warranty period. The Company will also pay or reimburse reasonable labor costs to perform such repair or replacement if the warranty claim is made within six months after delivery. This warranty extends only to the original owner. All warranty work must be pre-authorized by the Company in writing and all defective parts must be returned to the factory for inspection. Transportation costs of the goods under warranty are at the sole expense of the Buyer. The Company may cover Ground shipping charges. The Seller must cover the difference if expedited shipping is requested. |
| The Company does not guarantee the suitability of the equipment sold under this Agreement for any application, and will not be responsible for labor charges, component replacement or consequential damage in connection with improper un-crating or installation, unauthorized repairs, or alterations; or for damage or inoperability caused by accident, natural catastrophe, act of war or unrest, or by abuse, misuse, modification, neglect, or attempted repair or other unauthorized conduct or modification of any kind, all of which shall render any warranty null and void. The Company and its agents reserve the right to inspect the Buyer’s facility and equipment, as the Company chooses in its sole discretion prior to the completed sale and/or within the warranty period. Such access may be required to verify the Company’s acceptance of a pending purchase order, review technical considerations, measure and evaluate the application, and/or inspect warranty claims. |
| The Company’s decision as to whether a product is defective as a result of faulty material or workmanship shall be final. The Buyer is solely responsible to ensure that the equipment specified and purchased is suitable for its intended use, and is solely responsible for on-site un-crating, installation and setup, use of other equipment in conjunction with the items sold under this Agreement, and for the proper usage of all such items. The equipment ordered may or may not have any electrical, sanitation or safety approvals as required by the Authority Having Jurisdiction (AHJ) or the end user. Obtaining required approvals will be the sole responsibility of the Buyer or end user. |
| The Company shall not be responsible tightening fittings, adjusting belt tension and tracking or other minor adjustments of the equipment, or for providing instruction (other than written operating and maintenance instructions) on how to operate and maintain the equipment. Normal wear items, including but not limited to light bulbs, conveyor belts, V-belts, and caster wheels, and periodic cleaning and adjustment of the equipment are not included in the warranty. In no event shall the Company or any of its employees be liable for any indirect, incidental or consequential damages from the sale or use of this product. This disclaimer applies both during and after the term of this warranty. This limited warranty applies to Canada and the United States ONLY. |
| NO REPRESENTATIONS. There are no representations, warranties, conditions, terms or collateral agreements affecting this transaction to which the parties are bound in law unless set out in this Agreement. |
| WAIVER, ALTERATION OR MODIFICATION. Any alterations and/or additions to equipment required by any level of government, agencies, bureaus or departments thereof, will be made at the expense of the Buyer. No waiver, alteration or modification of any specification, term, warranty or condition applicable to the products and services furnished hereunder shall be binding upon the Company unless made in writing and signed by an authorized representative of the Company. Waiver by the Company of any breach of these provisions shall not be construed as a waiver of any further or other breach. |
| LIABILITY. In all cases, the liability of the Company is limited to the invoice value of the goods sold to the Buyer. The Company will not be liable for business losses, interruption of activities, lost profits, and other consequential damages arising from any cause. In the event the Seller incurs any liability to third parties as a result of this Agreement, the Buyer will indemnify the Company against such liability. |
| INDEMNIFICATION OF SELLER. The Seller and its directors, officers, shareholders, employees and agents will not be responsible for, and the Buyer shall indemnify and hold harmless the Seller against, any loss, damages, expenses, claims, repairs, suits, or judgments, whether direct, indirect or otherwise, arising in any way out of the use of the goods sold under this Agreement. The Seller’s sole liability shall be to replace or repair the goods, or refund the purchase prices at the Seller’s option. Where the Buyer has supplied the design for all or any part of the goods, the Buyer hereby agrees to indemnify and hold harmless the Seller from and against all loss, damages, expenses, claims, suits, and judgment arising directly or indirectly out of the design, installation, maintenance, or operation of the goods or any allegation that the goods, or any part thereof, infringe any patent, industrial design or intellectual property right. |
| APPLICABLE LAW. The formation and performance of the sales contract shall be deemed to have been made in the State of Utah, USA, the Company’s place of business. This Agreement shall be construed in accordance with and governed for all purposes by the laws and public policy of the State of Utah applicable to contracts executed and to be performed wholly within the State of Utah. The buyer hereby agrees to submit to the jurisdiction of the courts of the State of Utah and the courts of the United States located in the State of Utah, with venue in Salt Lake County, in any dispute arising out of this Agreement or the goods sold under this Agreement. |
| ENTIRE AGREEMENT. Seller’s invoice contains the entire agreement of the parties with respect to the purchase covered by these Terms and Conditions. The invoice and this Agreement supersede all prior agreements and understandings between the parties with respect to such purchase and may not be amended, supplemented, cancelled or discharged without prior written notice sent by certified mail, return receipt requested, by the affected party. Whenever used herein, the term ‘Agreement’ means these TERMS AND CONDITIONS OF SALE as may be amended at the sole discretion of the Company, its successors, and assigns at any time, from time to time, together with any credit application and agreement (if applicable). |
SOCIAL LINKS
Check us out on social media
