1. ACCEPTANCE.
Canfield Custom Pumps, Inc. (hereinafter called “Seller) hereby acknowledges Purchaser’s order. THE ORDER WILL BE FILLED, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, WHICH SUPERSEDE ANY INCONSISTENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN PURCHASER’S ORDER FORM. There are no agreements or representations, oral or otherwise, outside of this acknowledgment.
2. DEFINITIONS.
As used herein “Service” refers to all labor, Equipment, materials, accessories and/or parts which Seller proposes to provide as set forth in the Purchaser’s order form for repair and/or Service.
As used herein “Equipment” refers to all Equipment materials, accessories and/or parts which Seller proposes to sell thereunder.
3. SHIPPING DATE.
The dates specified herein for shipping of Equipment or for the Service are approximate only. Seller recognizes the desirability of delivering Equipment and Service promptly. However, Seller shall not be responsible for any loss or damage resulting from any delay in delivery or failure to deliver the Equipment or Service where such delay or failure is caused by fire, flood, natural causes, labor troubles (including strikes, slowdowns and lockouts), war, Government regulations, riots, civil disorders, interruption of or delay in transportation, power failure, inability to obtain materials and supplies, accidents, acts of God or any other cause beyond Seller’s control.
4. PACKAGING.
Prices include packing for domestic truck shipment only.
5. SHIPMENTS.
All prices are FOB Factory packed for domestic shipment. The origin point of shipment, method of transportation, and routing are at the Seller’s discretion. If freight charges are to be prepaid and allowed by Seller, the prices are FOB destination (contiguous U.S. points only). No allowance is made for transportation if Purchaser accepts delivery at factory or warehouse. If Purchaser specifies ”freight collect,” it is clearly understood that there will be no freight allowance.
Purchaser may request shipment via a transportation mode other than truck. In such case, any additional expense incurred will be billed to the Purchaser. If shipment is accepted at one destination and re-forwarded by him, the re-forwarding is at the Purchaser’s expense and risk.
6. PRICES.
Unless otherwise specified by Seller, prices set forth herein are firm, provided, within thirty (30) days after the date hereof, this proposal becomes a binding contract as herein above provided.
7. TAXES.
Prices specified herein do not include any federal, state or municipal sales, use, excise or other taxes. Therefore, in addition to the prices specified herein, the amount of any such sales, use, excise or other taxes applicable to the sale of the Equipment shall be paid by Purchaser or in lieu thereof, Purchaser shall furnish Seller with tax-exemption certificates acceptable to said taxing authorities. Taxes payable outside the United States are the responsibility of the Purchaser, unless otherwise agreed.
8. PAYMENTS.
Payment for the Equipment is due upon shipment unless otherwise specified herein. Payment for Service is due upon completion unless otherwise specified herein.
9. TITLE.
The title to the Equipment specified herein, and to any and all additions and accessories thereto and substitutions thereof, shall remain with Seller until the purchase price thereof is paid in full.
10. CANCELATIONS.
Purchaser may cancel its order at any time prior to shipment or Service, but only upon payment to Seller of reasonable cancellation charges, which shall include expenses already incurred, the cost to Seller of canceling and Seller’s anticipated profit.
11. WARRANTY.
Canfield Custom Pumps and its employees are proud of our products and are committed to providing our customers and end users with the best designed and manufactured floating pump systems. This Warranty and Service Policy describes Canfield Custom Pumps warranty and warranty procedures.
Comments and Questions:
We welcome comments and questions regarding our products. Please contact us at:
Canfield Custom Pumps
111 West Street
PO Box 519
Fort Morgan, CO. 80701
Telephone: 970-867-2943
Facsimile: 970-867-0313
Scope of Warranty:
All Canfield Custom Pumps floating pump systems are warranted against defects in materials and workmanship.
Warranty Period:
Canfield Custom Pumps Turbi-Float® & Centri-Float® is warranted for 24 months from the date of shipment to customer. All warranty claims must be submitted to the Canfield Custom Pumps Service Center prior to the expiration of the warranty period.
Warranty Service Center Location:
Warranty service is available for all Canfield Custom Pumps products from Canfield Custom Pumps Service Center in Fort Morgan, Colorado.
Procedure to Receive Warranty Service:
Customers should deliver or ship prepaid the Canfield Custom Pumps product requiring warranty service to the Authorized Service Center. Please include an explanation of the defect or problem, a description of the way which the Canfield Custom Pumps product is used and your name, address and telephone number.
Repair by Other than the Canfield Custom Pumps-Authorized Service Center:
Customers who are unable to take or ship the Canfield Custom Pump product to the Authorized Service Center, or who desire a repair to be made by other than the Authorized Service Center, should contact the Canfield Customer Pumps Office. A repair by anyone other than the Canfield Custom Pumps Service Center must be approved in advance by Canfield Custom Pumps.
Repairs or Replacement Within the Scope of the Warranty:
If a Canfield Custom Pumps product is defective due to a manufacturing defect and said defect occurs during the warranty period, then Canfield Custom Pumps will either repair the product or replace it as per the option of Canfield Custom Pumps. Canfield Custom Pumps is not responsible for removal and shipping of the Canfield Custom Pumps product to the service center, the reinstallation of the Canfield Custom Pumps product upon its return to the customer, or any incidental or consequential damages resulting from the defect, removal, reinstallation, shipment or otherwise.
Repairs Outside the Scope of the Warranty:
This warranty does not cover parts damaged by decomposition from chemical action or wear caused by abrasive materials, nor does it cover damage resulting from misuse, accident, neglect, or from improper operation, maintenance, installation, modification, or adjustment. If the Canfield Custom Pumps Authorized Service Center determines that the problem with a Canfield Custom Pumps product is not due to defects in Canfield Custom Pumps workmanship or materials, then the customer will be responsible for the cost of any necessary repairs.
Product Specifications:
All product specifications, applications and other information provided in Canfield Custom Pumps written materials are subject to correction and change without notice and should be confirmed with Canfield Custom Pumps prior to ordering.
Other Warranties:
Canfield Custom Pumps makes no warranty as to motor or other material not of its manufacture, since the same are usually covered by warranties of the respective manufactures thereof.
No Other Warranties and Liability Limitation:
The Warranty and Service Policy represents Canfield Custom Pumps sole and exclusive warranty obligation with respect to Canfield Custom Pumps products. Canfield Custom Pumps liability to a customer or any person shall not exceed the Canfield Custom Pumps sales price of the applicable Canfield Custom Pumps products.
THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SELLER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF THE SELLER WHETHER ANY CLAIM IS BASED UPON NEGLIGENCE, BREACH OF WARRANTY, OR ANY OTHER THEORY OR CA– USE OF ACTION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND.
12. COMPLIANCE WITH LAWS.
Purchaser shall be solely responsible for securing any necessary permits under and for compliance with all safety, health and sanitation laws, ordinances and regulations in connection with the installation, service, repair and operation of the Equipment. Purchaser agrees to provide Seller, upon request, with evidence of the securing of any such permits and of compliance with any such laws, ordinances and regulations.
13. INDEMNIFICATION.
It is understood that Seller has relied upon data furnished by and on behalf of Purchaser with respect to the safety aspects of the Equipment, and that it is Purchaser’s responsibility to assure that the Equipment will, when installed and put in use, be in compliance with safety requirements fixed by law and otherwise legally adequate to safeguard against injuries or damage to persons or property. Purchaser hereby agrees to defend, indemnity and hold harmless Seller, its agents and employees against any and all losses, costs, damages, claims, liabilities or expenses, including but not limited to reasonable attorney’s fees arising out of or resulting from any injury or damage to any person or property caused by the inadequacy of safety features, devices or characteristics in the Equipment or in the installation, service, repair, or use or operation of the same, except claims for repair or replacement of defective parts as provided in Paragraph 11 hereof.
14. DISCLAIMER OF CONSEQUENTIAL DAMAGES OR PENALTIES.
SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE CONTRACT, OR OUT OF ANY BREACH OF ANY OF ITS OBLIGATIONS HEREUNDER, OR OUT OF ANY DEFECT IN, OR FAILURE OF, OR MALFUNCTION OF THE EQUIPMENT, WHETHER OR NOT CA– USED BY SELLER’S NEGLIGENCE, CONSEQUENTIAL DAMAGES, FOR THE PURPOSE OF THIS AGREEMENT, SHALL INCLUDE BUT NOT BE LIMITED TO, LOSS OF — USE, INCOME OR PROFIT, OR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING, BUT NOT LIMITED TO, PRODUCTS MANUFACTURED, PROCESSED OR TRANSPORTED BY THE — USE OF THE EQUIPMENT) OCCASIONED BY OR ARISING OUT OF THE OPERATION, — USE INSTALLATION, REPAIR OR REPLACEMENT OF THE EQUIPMENT OR OTHERWISE. SELLER’S DAMAGES ARE LIMITED TO DAMAGES SET FORTH IN PARAGRAPH 11, WARRANTY.
15. GENERAL.
ANY PURCHASER DOCUMENT WHICH CONTAINS TERMS IN ADDITION TO OR INCONSISTENT WITH THE TERMS OF THIS ACKNOWLEDGEMENT OR A REJECTION OF ANY TERM OF THIS ACKNOWLEDGEMENT SHALL BE DEEMED TO BE A COUNTER OFFER TO SELLER AND SHALL NOT BE BINDING UPON SELLER UNLESS SPECIFICALLY ACCEPTED IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF SELLER. THIS CLA– USE SHALL CONSTITUTE A CONTINUING OBJECTION TO ANY SUCH ITEMS NOT SPECIFICALLY SO ACCEPTED BY SELLER. HOWEVER, COMMENCEMENT OF PERFORMANCE BY PURCHASER, IN THE ABSENCE OF WRITTEN ACCEPTANCE OF SUCH COUNTER OFFER BY PURCHASER, SHALL BE DEEMED TO BE PERFORMANCE IN ACCORDANCE WITH THE TERMS OF THIS ACKNOWLEDGEMENT AND AN ACCEPTANCE THEREOF, NOTWITHSTANDING PRIOR DEALINGS OR USAGE OF TRADE.
All questions relating to the formation of or performance under the contract based hereon shall be determined in accordance with the laws of the State of Colorado.
If any part hereof is contrary to, prohibited by, or deemed invalid under applicable laws or regulations, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but remainder hereof shall not be invalidated and shall be given effect so far as possible.
The waiver of the breach of any obligation to be performed by either party hereunder shall not constitute a waiver of any other like or different breach.
The entire understanding between the parties hereto as set forth herein and any promises, representations, warranties or guarantees not herein contained shall have no force and effect unless in writing, signed by Seller and Purchaser.
Returned Material: Standard Turbi-Float® or Centri-Float® models may be returned to Canfield Custom Pumps at Fort Morgan, Colorado under the following procedures.
A request for return of new material must be made in writing before any material is returned. This request must include a listing of material to be returned.
A restocking charge will be made against the value of the material approved for return. This restocking charge will be based on the specific model being returned. The restocking charge will be applied against the price for that model in effect at the time of the return.
After the net value of the return material has been determined, written approval will be given to the return.
The approved return material must be shipped by prepaid freight.
This material return policy covers current new material only. Obsolete material may not be returned. This material return policy is subject to change without notice.