TERMS AND CONDITIONS OF SALE
1. PRICES: All prices, quotations, shipments and deliveries by Seller are FCA Seller's place of manufacture. All base prices are subject to change without notice and all orders are accepted subject to Seller's price in effect at the time of shipment.
2. APPLICABILITY, ACCEPTANCE AND MODIFICATION: These terms and conditions apply to all quotations and purchase orders covering the sale of Seller's products or services. Seller's acceptance of Buyer's order is expressly made conditional on Buyer's acceptance of the terms and conditions set forth herein. The terms and conditions set forth herein, together with the terms of all sale contracts, financing agreements, guaranties or security agreements between Buyer and Seller, constitute the complete agreement between the Seller and Buyer, and Seller's acceptance of any order from Buyer is accepted only in accordance with such terms. They may not be modified except by written agreement referring specifically to these terms and conditions and signed by a duly authorized officer or representative of Seller. Any provisions of Buyer's purchase order which are inconsistent with the foregoing shall be of no force and effect, unless Seller shall have agreed to a modification of these terms and conditions in the manner set forth herein. Buyer's failure to specify dissent to these terms and conditions, or its acceptance or use of products or services of Seller shall constitute Buyer's acceptance of these terms and conditions. Buyer, by these presents and the acceptance of the goods ordered herein represents and warrants that buyer is solvent and able to pay for the goods in accordance with these terms and conditions of sale.
3. DELIVERY AND DELAYS: Seller's obligation is to deliver the goods FCA Seller's place of manufacture. Risk of loss passes to Buyer at the moment of delivery. Delivery dates given to Buyer in any manner, are approximate. Seller shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control of the Seller or suppliers to the Seller, including, but not limited to war, (whether an actual declaration thereof is made or not), sabotage, insurrection rebellion, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, fire accident, explosion, epidemic, quarantine, restrictions, storm, flood, earthquake or other act of God, shortage of labor, fuel, raw materials, machinery or technical failure, if any such contingency occurs. Seller may allocate production and deliveries among Seller's customers in its sole discretion.
4. STORAGE: In the event that Buyer is unable to accept delivery of parts or equipment at the time of completion and/or shipment, Seller may invoice for the full purchase price as if shipment has been made and; or (i) if Seller is able to store such equipment in its own facilities the Buyer shall pay Seller reasonable handling and storage charges for the period of such storage; or (ii) if seller is unable to store such equipment in its own facilities, Seller reserves the right to arrange handling and storage in a suitable warehouse for the buyer, at the Buyer's expense. In case where handling and storage becomes necessary, it will become the responsibility of the Buyer to notify Seller when shipment is to be made and destination.
5. LIMITED WARRANTY: Subject to the limitations specified herein, all parts included on original equipment manufactured by Crane Payment Innovations and sold to purchaser are warranted for two years from the date of shipment of the equipment in question. This warranty applies only to the original purchaser of the Merchandiser and is null and void if the Merchandiser is sold during the period of warranty.
- Cashless devices (Standalone Navigator, Cora and Radio components) are warranted for three years from the date of shipment.
- Defective parts will be replaced free of charge when the defective part is returned, with transportation charges prepaid by Purchaser to a destination designated by Crane Payment Innovations. Purchaser must obtain prior RETURN AUTHORIZATION for return of all parts, following guidelines given by Crane Payment Innovations.
- Replacement parts sold by Crane Payment Innovations as After Market shall be covered for three months from the date shown on the parts invoice. Purchaser must obtain prior RETURN AUTHORIZATION for return of all parts, following guidelines given by Crane Payment Innovations.
- New, unused parts purchased as After Market can be returned within 30 days from the date of parts invoice, with prior authorization from Crane Payment Innovations and subject to a re-stocking fee of 20%.
- This warranty does not include any cost of service rendered or repairs made by customer or its agents on Merchandise, or parts, unless authorization to incur such expense has been given in writing by Crane Payment Innovations prior to incurring such expense. This warranty covers labor and service charges performed by Crane Payment Innovations service technicians for a period of 90 days from the date of shipment.
- 11.This warranty does not apply to A) electrical components, wiring, or circuits or mechanical parts or assemblies damaged as a result of operating the Merchandiser at other than the design voltage and frequency specified on the Electrical Rating tag, or B) in event of vandalism, fire or negligence, or C) ballasts, starters or other expendable items or D) when seal is broken on electronic boards or E) when other manufactured components are installed in Crane Payment Innovations Merchandisers.
- THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITAITION, WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. Crane Payment Innovations WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. Crane Payment Innovations neither assumes nor authorizes any person to assume for it any obligation or liability in connection with the sale of said equipment or any part thereof.
6. LIMITATIONS OF BUYER'S REMEDIES: Buyer's remedies with respect to any claim arising out of any Crane Payment Innovations' equipment, parts or services, or Crane Payment Innovations’ performance in connection therewith shall be limited exclusively to the warranty specified in Paragraph 5, which warranty shall be limited to the cost of the part or equipment in question.
7. WAIVER: Waiver by Seller of any breach by Buyer of any of the terms and conditions set forth herein shall not be construed as a waiver of any other breach, and the failure of Seller to exercise any right arising from any default of Buyer hereunder shall not deemed to be a waiver of such right, which may be exercised at any subsequent time.
8. ADEQUATE ASSURANCES: Seller may, at any time, suspend performance of any order or require payment from Buyer in cash, security or other adequate assurance satisfactory to Seller when, in Seller's sole opinion, the financial condition of Buyer or other grounds for insecurity warrant such action.
9. TAXES: Any tax which the Seller may be required to pay or collect, through assessment or otherwise, under any existing or future law upon or with respect to the sale, purchase, delivery, transportation, storage, processing use or consumption of any goods or services provided by Seller to Buyer, including taxes upon or measured by receipts from sales or services, shall be for the account of Buyer and may be added to the price of goods or services purchased by Buyer. Buyer shall promptly pay the amount thereof to Seller upon demand.
10. GOVERNING LAW: This agreement shall be governed by, and construed in accordance with the laws of the State of South Carolina. Buyer consents to the jurisdiction of the state and federal courts within the State of South Carolina.
11. CREDIT: All orders are subject to the approval of Seller, and Seller may at any time refuse to ship or deliver goods to Buyer. All invoices paid after the due date specified within shall accrue interest at the lesser of 2% per month or the highest rate of interest permitted by law.
12. ALL SALES ARE FINAL. This is not a "Sale on Approval" or "Sale on Return" transaction. All sales are final.