STANDARD CONDITIONS – TERMS OF SALE
Orders are subject to the approval of Safe-Grain, Inc. / Maxi-Tronic, Inc. in writing at Loveland, Ohio, U.S.A., or by shipment of goods. All orders are considered firm contracts. Shipping dates are only our estimate based upon time required for production, and we shall not be liable for any claims for delays beyond our control, nor shall we accept cancellations or suspensions unless agreed upon, at the same time protecting us against loss caused by such cancellation or suspension.
The title and right to possession of the goods covered by order shall remain with Safe-Grain, Inc. / Maxi-Tronic, Inc. until complete and final payment therefore shall have been paid to Safe-Grain, Inc. / Maxi-Tronic, Inc. in cash, including any interest or other auxiliary charges provided for. All goods covered by order will be considered as personal property until completely paid for, regardless of mechanical attachment to real estate. No material shall be returned without our authorization. Where written consent of Safe-Grain, Inc. / Maxi-Tronic, Inc. is given for the return of unused goods, the purchaser will pay a minimum handling charge of fifteen percent (15%) of the original purchase price of the goods returned. The sale of all Inventory Clearance items is final.
WARRANTY – All items manufactured by Safe-Grain, Inc. / Maxi-Tronic, Inc. are warranted against defects in material or workmanship for three (3) years from the date of shipment (but not against damage caused by accident, abuse, or faulty installation). Safe-Grain, Inc. / Maxi-Tronic, Inc. will replace free of charge (F.O.B. point of supply) all such defective parts if returned to the factory, charges prepaid. All items manufactured by others and resold by Safe-Grain, Inc. / Maxi-Tronic, Inc. are warranted to the full extent of the warranties furnished by such original manufacturer. No allowances will be made for repairs, alterations or changes unless specifically authorized by us. There are no other warranties, expressed or implied, other than title, freedom from liens, and against patent infringement. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY – Liability of Safe-Grain, Inc. / Maxi-Tronic, Inc. to the purchaser for damages arising out of the manufacture, sale, delivery, use or resale of the equipment, whether based on warranty, contracts, negligence, or otherwise, shall be limited to and shall not exceed the cost of the repair or replacement of defective part or parts. Upon expiration of the warranty, all such liabilities shall terminate. Safe-Grain, Inc. / Maxi-Tronic, Inc. shall not be liable to the purchaser or user for loss of anticipated profits, loss by reason of plant shutdown, non-operation, increased expenses of operation of other equipment, or other consequential loss or damage of any nature arising from any cause whatsoever by reason of the manufacture, sale, delivery, use, or resale of the equipment covered by this order or contract.
All prices are F.O.B. Wapakoneta and/or Loveland, Ohio, U.S.A., unless otherwise agreed. Additional charges may be made for special handling, extra packing, or unusual services. Open account terms will be extended subject to approval of our Credit Department. Any federal or state taxes, sales, use, or other taxes will be added to invoice when and if assessed. All prices are subject to change without notice.