GENERAL TERMS AND CONDITIONS

These terms and conditions shall prevail in all matters pertaining to the purchase orders or sales of the seller’s products. No waiver, amendment, or modification of these terms and conditions, whether stated in the buyer’s purchase order or through other means, shall be deemed valid unless such waiver, amendment, or modification is explicitly accepted in writing and endorsed by an authorized representative of the seller.

DELIVERY

Delivery Commitment: The seller will diligently fulfill product deliveries as stipulated in the aeller’s order acceptance. However, the seller shall not bear any responsibility or liability, nor accept any back charges, for losses or damages incurred due to delays or the inability to deliver caused by factors beyond the control of the seller. Such factors may include acts of God, war, labor disputes, force majeure, accidents, carrier delays, actions by contractors or suppliers, difficulties in procuring materials, fuel or energy shortages, or any other circumstances beyond the seller’s control.

Termination Clause: The seller reserves the right to terminate any sales contract of its products without incurring any liability under any circumstances by providing written notice to the buyer. This termination may occur if delays in delivery or performance, resulting from any of the aforementioned causes, persist for a continuous period of thirty (30) days.

Limitation of Liability: Under no circumstances shall the seller be held liable for any special or consequential damages, or for any losses, damages, or expenses (whether or not arising from negligence), directly or indirectly resulting from delays in delivery or failure to provide notice of such delays.

WARRANTY

Duration of Warranty: The seller provides a warranty period of five years from the date of shipment for products manufactured by the Seller. This warranty covers defects in materials or workmanship, provided that the products are used in accordance with the seller’s recommended guidelines and intended purpose.

Claims and Adjustments: If, upon examination by the seller, it is determined that a product is defective, and an adjustment is warranted, the maximum adjustment shall not exceed the net sales price of the defective product itself. No allowances will be made for labor, repair expenses, or replacement of defective products, nor for any damages resulting from such defects. The adjustment will be contingent upon the product in question being returned to the seller in its original installed condition, still connected to other joint components.

Notification Requirement: The buyer must promptly contact the seller upon discovering a defect to allow for an assessment of the product in its installed condition. Claims for defects must be submitted within thirty (30) days of the defect’s discovery.

Engineering Design or Fabrication: In cases involving engineering design or fabrication work supplied by the seller, the buyer’s acceptance of the seller’s design or delivery of work shall release the seller from any further obligations beyond those explicitly stated in the seller’s product warranty.

This warranty represents the seller’s sole warranty. The seller does not provide any other warranties, whether expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. All implied warranties exceeding the seller’s aforementioned obligations are disclaimed and excluded from this warranty. The seller neither assumes nor authorizes any person to assume any additional obligations in connection with the sale of its engineering designs or products.

Exclusions: This warranty shall not apply to any products or parts of products that:

Non-Transferable: This warranty is non-transferable and applies solely to the original purchaser.

LIABILITY

The seller shall not assume liability for any losses, damages, repair costs, or incidental or consequential damages of any nature, irrespective of their basis in warranty (with the exception of the seller’s specified warranty obligations), contract, or negligence. These liabilities are not applicable to matters related to the design, production, sale, utilization, or repair of the products or engineering designs provided to the buyer.

AIR TESTING NOT RECOMMENDED

Testing with compressed air or gas in cast iron pipe and fittings may result in explosive failure and could cause severe injury or death. Water or hydrostatic testing is recommended as described in the cast iron soil pipe and fittings handbook.

PRODUCTS

Orders pertaining to specials or non-standard products shall not be cancellable except under conditions specified by the seller in the application process.

PRICES

Please be advised that prices and designs may be revised without prior notice. Unless explicitly specified otherwise, all prices are considered F.O.B. at point of shipment.

TAXES

The purchase price for the products covered by this order shall include any applicable state and local sales tax. The buyer is exempt from paying these taxes if they furnish the seller with a valid exemption certificate recognized by the relevant taxing authorities.