Terms and Conditions
Powko's Terms and Conditions:GENERAL: It
is understood that no oral promises, agreements, or other understandings exist
except as herein specified Powko Industries, LLC is hereinafter referred to as
Powko and the buyer, owner or purchaser is hereinafter referred to as
Purchaser. Powko shall have no obligation to maintain this proposal after thirty
(30) days. It shall become a binding contract on both parties only if the same
or a purchase order covering the same is signed by Purchaser and accepted and
acknowledged by an executive of Powko. DELIVERY
DATES: Shipping promise shown is based on present conditions of supply
and scheduling. If, however, it is imperative that shipment be made earlier than
indicated, please advise and Powko will make an immediate investigation with a
view to improving delivery to meet your requirements. Shipping promise will be
calculated from time of receipt of order. Powko shall not be responsible for
delays in shipment or completion due to conditions beyond its control,
including, but not limited to, accidents, strike, actions of mobs, default of
delivery promises by suppliers, operation of the law and acts of God.
SPECIFICATIONS: Items quoted are intended to conform to plans,
specifications and/or descriptions available, but conformity is not guaranteed
by Powko and should be verified by Purchaser. DELAYS BY
PURCHASER: Quotations assume, unless otherwise stated, that Purchaser's
order will permit Powko to obtain, or set aside, necessary material and schedule
production immediately upon receipt of order. If the conditions of Purchaser's
order or delay of over 30 days, Powko reserves the right to review and requote
to adjust any increase in costs experienced by Powko from the date of order to
date of release for fabrication by Purchaser. If completion of fabricated
material is made to coincide with the scheduled delivery, and shipment is
delayed by Purchaser, such material will be subject to invoicing upon storage in
our yard. Such storage to be at Purchaser's risk and any expense involved in
storing or moving shall be for Purchaser's account. Powko shall not be obligated
to change completion schedule after fabrication has begun. Expense caused by
such delays during fabrication or installation, caused by Purchaser, shall be
borne by Purchaser. HAULING:
If hauling or shipping charges are included or quoted, such quotation is F.O.B.
cars or trucks. Unless otherwise specified, Purchaser is to receive and unload
any material on trucks which cannot be unloaded at site. If changes in shipping
rate are made before shipment, contract price will be adjusted accordingly. TERMS:
To firms of approved credit. Net thirty (30) days after date of invoice.
Thereafter, interest charges will accrue at One and One-half Percent (1 1/2%)
per month until paid in full. Any amounts due after Forty-five (45: days may be
turned over to Powko's attorneys with Purchaser agreeing to pay costs of the
Collection including reasonable attorney's fees. Any other terms are subject to
approval of an officer of Powko's. TITLE:
Title to and ownership of said property shall remain vested in Powko until the
entire purchase price herein provided for shall have been paid in full in cash;
in case of failure or refusal to make payments when due, then and in any such
event, the whole of the unpaid portion of the purchase price shall, at Powko's
option become immediately due and payable. TAXES:
Contract price is subject to increase by amount of any Sales, Use, or Excise Tax
or other similar tax, however designated, levied or charged, either by Federal,
State, City or other governmental agency, unless such tax is specifically
included in quotation.
PRICE
ADJUSTMENT: Price or prices quoted herein are based on present
material, shop and freight costs. In the event of a change, before completion,
in aforementioned factors, Powko reserves the right to adjust the selling price
to directly reflect such changes. WORKMANSHIP
AND INSPECTION: Unless otherwise specified herein, all material shall
be furnished subject to the common manufacturing tolerances and variations of
Powko. Material furnished shall be subject to Powko's standard inspection at
place of manufacture. If inspection by the Purchaser is required and provided
for, such inspection with consequent approval or rejection shall be made before
shipment.
ACCEPTANCE: If this proposal meets with your approval, please indicate on your purchase order that the order is an acceptance of this quotation, and refer to our quotation number and date of same. |
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