TERMS AND CONDITIONS OF SALE

UNLESS OTHERWISE SPECIFIED IN WRITING THE FOLLOWING WILL PREVAIL

BUYER'S PURCHASE ORDER TERMS

The terms on the purchase order shall not change, enlarge, or modify Company's liability or obligations.

CANCELLATION OF ORDERS

If, for any reason, the purchaser desires to cancel an order, such cancellation shall only be with written consent of the Company, and then only after payment is made to the Company for all costs incurred which shall include but not be limited to, material, labor, overhead, and reasonable profit.

DELIVERY

The quoted time of delivery is understood to be from date of receipt of all necessary information including Purchaser's approval, if applicable. Any delay in delivery of any installment shall not relieve purchaser of its obligation to accept remaining deliveries. The Company shall not be liable for damages or for cancellation of the contract as a result of any delay due to any cause beyond the Company's reasonable control including, but not limited to, act of God, act of the purchaser, embargo or other governmental acts, regulations or requirements, fire accident, labor disputes, war, civil insurrection or riot, delay in transportation or the inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost by reason of the delay. All shipments, unless otherwise specified, shall be FOB shipping point and the purchaser assumes responsibility for damage or loss in transit. The Company shall not be liable or responsible by reason of the mode or route of shipment.

Products or goods not of Company manufacture supplied in piece, or as components to a system designed or sold by the Company, are not covered by this warranty. However, the Company will extend to the purchaser the benefit of such adjustment as is obtained from the manufacturer of that component or product. This warranty does not apply to damage caused by any or all of the following circumstances or conditions:

  1. Freight damage.
  2. Parts and/or accessories or components not obtained from or approved by the Company.
  3. Any consequential or incidental damage arising from the use of the product, system or other goods manufactured or sold by the Company.
  4. Misapplication, misuse, abuse, or failure to follow the Product Instruction Sheets and/ or Information Guides.

The remedy under this warranty is limited to the repair or replacement of any parts found upon examination by the Company to have been defective, and shall not include removal and reinstallation costs involved in the exchange. The remedy shall be conditioned upon receipt of written notice by the Company of any alleged defects promptly after discovery thereof within the warranty period. Generally, consent, If given, will be upon the condition that the purchaser assumes and prepays all carrier charges.

THIS WARRANTY IS EXCLUSIVE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OR MERCHANT ABILITY OF FITNESS FOR A PARTICULAR PURPOSE OR, ANY PURPOSE.

No person, including any dealer or representative of the Company, is authorized to make any representations concerning the Company products or systems on behalf of the Company or to assume for the Company the obligations contained in this warranty. The Company reserves the right to make design and other changes, modifications or improvements upon its products or systems, without any obligation to install same on any previously sold or delivered products or systems.

This warranty gives the purchaser specific legal rights. The purchaser may have other rights that vary from state to state.

DISPOSITION OF FREIGHT SHIPPING

Freight can be refused based on the following terms and conditions:

  1. Signs of Damage- It is imperative that prior to signing the Bill of Lading, check for discovered or concealed damage. Discovered damage can be evident on the outside of the box, crate, etc. Concealed damage can be found within the box/crate. Once damage is discovered, please document what you see, and if possible, take pictures to provide to our Customer Service team. Please note, signing for a damaged shipment without proper notation of damages is acknowledging that the shipment arrived undamaged. In addition, to avoid having your claim disputed, please have the truck driver call in the damaged goods to their office and provide an OS&D (Over, Short, & Damaged) claim number.
  2. Errors on paperwork- The Bill of Lading should accurately represent exactly what is being shipped, the correct address, the billing party, etc. If there is an error where the shipment is being delivered to the wrong address or person, you can refuse shipment.
  3. Duplicate Shipment- If you have received a duplicate shipment due to an error on our part, you may refuse shipment.

  4. In the event that you must refuse shipment, please contact our Customer Service team by phone at 586-268-1220 or email csr@jomar.com.

EXPORT SHIPMENTS

All prices are FOB plant, Warren, Michigan, with full freight prepaid and allowed to Port of Exit on shipments of $1,500.00 net or more.

FREIGHT ALLOWANCE

All prices are FOB Warren, Michigan with full freight prepaid and allowed within the contiguous United States on shipments of $1,500.00 net or more excluding ductile/cast iron, stainless steel and carbon steel products which are $2,500.00 or more. Any combination of products, items or sizes may be combined to satisfy the dollar amount required to earn full freight allowance. The Company reserves the right to select the most economical routing and shall not be liable by reason of the mode or route of shipment nor held responsible for any assessorial charges beyond the standard freight and fuel charges such as lift-gate, redelivery, re-consignment, residential, lift-gate surcharges, etc.

GENERAL

The possession of the Jomar International catalog and/or literature is not to be construed as an offer to sell the goods listed herein. All orders shall be subject to the approval and acceptance of Jomar International, hereinafter referred to as the Company, at its principal office in Warren, Michigan.

All Company proposals, all acceptances of Purchaser's orders, and all sales by the Company are expressly limited to, and expressly made conditional upon, the Purchaser's acceptance and assent to the Standard Terms and Conditions of Sale as set forth herein, notwithstanding receipt of, or acknowledgment of, the Purchaser's order form or specifications containing additional or different provisions, or conflicting oral representations by any agent or employee of the Company. No waiver, change or modification of any terms or conditions on the face or reverse hereof shall be binding on the Company unless made in writing and signed by an officer of the Company.

LIMITATION OF LIABILITY

It is expressly agreed that the liability is limited and the Company does not function as an insurer. The purchaser and/or user agree that the Company is not liable for loss, harm or damage due directly or indirectly to any occurrence of consequence therefrom. If the Company should be found liable to anyone in any theory (except any express warranty where the remedy is set forth in this document) for loss, harm, or damage, the liability of the Company shall be limited to the lesser of the actual loss, harm or damage, or the original purchase price of the involved equipment, system or service when sold (or when services performed by) the Company to its customer. This liability is exclusive and regardless of cause or origin resulting directly or indirectly to person or property from:

  1. The performance or non-performance of any obligation set forth is this warranty and warranty policy.
  2. Any agreement, oral or written, including specifications, between the Company and the customer.
  3. Negligence, active, passive or otherwise, of the Company or any of its agents, employees, or independent contractors.
  4. Breach of any judicially imposed warranty or covenant and,
  5. Misrepresentation or strict liability involvement.

LIMITED WARRANTY ON THE EQUIPMENT ITSELF

The Company, for a period of one year from the date of shipment, warrants each product or system of its own manufacture to the original purchaser to be free from defects in material and workmanship under normal use, service and maintenance. Normal use, service and maintenance means:

  1. Not in excess of the maximum pressures, temperatures, volumes and rated capacities or other parameters specified in the Company's Product Bulletins, Specification Sheets, and/ or quotation(s).
  2. Using only fluids specified in the Company's Product Bulletins, Specification Sheets, and/ or quotations.
  3. Operation and maintenance in compliance with the appropriate instructions and/or Information Guides.

PACKAGING

All list prices are based on domestic packaging. For export packaging, contact the factory for pricing.

PERFORMANCE GUARANTEE

The Company guarantees to the original purchaser that the equipment of its manufacture will perform at rated capacity as stated only when (1) properly installed, connected, started, operated and maintained in accordance with Company Instruction(s), and or Information Guide(s), as revised from time to time, and (2) used for the applications specified and (3) used in the environments as specified or as limited. If equipment is part of a greater system, the Company accepts responsibility only for the equipment manufactured by it.

THIS EQUIPMENT MUST BE INSTALLED, OPERATED, AND MAINTAINED IN ACCORDANCE WITH THE APPROPRIATE INSTRUCTIONS(S) AND/OR INFORMATION GUIDE(S), AS REVISED FROM TIME TO TIME, PURCHASERS OF THE COMPANY'S EQUIPMENT WAIVE SUBROGATION ON ALL ITEMS COVERED UNDER THEIR OWN OR OTHER INSURANCE.


PRICES AND TERMS

All prices are subject to change without notice. Minimum billing is $50.00. Terms are 2% 10 days, NET 30 days subject to approved credit. Not applicable to credit card payments. Shipments can be expected, prior to establishing credit, by including check with order for full amount or specifying C.O.D.

Any order originating outside the contiguous United States, Alaska, Hawaii or Canada shall be subject to an irrevocable letter of Credit confirmed by a U.S. bank or a sight draft.

1-1/2% per month service charge on all balances unpaid by the 1st of the following month (18%) annual interest rate.

REGULATIONS

Every contract of sale shall be subject to all applicable state and federal statutes and regulations. The terms of this agreement shall be construed in accordance with the laws of the state of Michigan.

RETURNS AND RESTOCKING CHARGES

Equipment may be returned to Jomar International at 7243 Miller Drive, Warren, Michigan 48092, only upon prior written authorization of the Company. Consent, if given, will be upon the condition the purchaser assumes all carrier charges responsibility for damages in transit, and a minimum 15% restocking charge, and then only if the so authorized material is in new and unused condition and returned within one year from the original date of shipment. The credit will be based on the original invoice price or the current price, whichever is lower, less the applicable restocking charge.

SERVICE

Unless otherwise noted herein, the cost of the equipment does not include service or installation. All services performed by the Company are subject to purchaser's payment of the Company's prevailing charges plus necessary travel and living expense.

SHORTAGE AND BREAKAGE

The Company's responsibility for delivery of materials sold FOB shipping point ends when the receipt is obtained from the consignor of the transportation company. It is agreed that the purchaser shall notify the Company of any shortage within five (5) days from receipt of the material. In the event of loss or damage incurred in transit, the carrier shall be responsible and claims for parts broken or lost in shipment are to be filed with the transportation company by the Company.

SPECIAL PRODUCTS

Special products produced to order, or products not normally stocked, are subject to a 10% overrun or underrun. Pattern equipment, tooling, etc., built for the manufacture of purchaser's products shall at all times remain in the possession of the Company. Since such equipment Is made or supplied on a non-profit basis, it shall not be removed from the Company's plant except upon payment of a minimum 20% charge: based on the original equipment costs to cover engineering, drafting, and handling. The Company agrees to maintain such equipment except the major repairs or replacement would be at the purchaser's expense. If no orders have been received for production for a period of eighteen months, the Company accepts no liability for the continued existence or availability of such equipment after such period. Written notification advising the customer of the expiration date will not be required of the Company.

TAXES

Any tax or taxes that may be imposed upon the goods that are the subject of this sale, or upon the sale or delivery, shall be added to and become a part of the contract price.

*In the event that an end user contacts our office, we will direct them to contact their point of purchase (e.g. Wholesaler) to process any returns.