PRICES: Prices
do not include shipping, special crating, container loading charges, nor any
Federal, State or Local taxes, if applicable.
All prices are F.O.B. shipping point with shipping charges paid by the
Buyer. Barbco, Inc. shall have no
liability or obligation to pay any expenses for the same.
All prices quoted are in U.S. Dollars.
CLAIMS: Claims
for corrections must be made within ten (10) days of receipt of goods.
The delivery of the equipment or parts is F.O.B. shipping point, Canton,
OH and as such our responsibility ceases when goods are delivered to the carrier
in good condition and a receipt upon placement with the carrier is obtained.
Carriers are responsible for goods lost, damaged or delayed in transit.
For your own protection, you may want to have the transportation
company’s agent verify damages, shortages, or delays and note them on the
freight bill over his signature.
TAXES:
Prices on the specified equipment or parts are exclusive of all City,
State and Federal Excise taxes including, without limitation, taxes on
manufacture, sales, receipts, gross income, occupation, use and similar taxes.
Wherever applicable, any tax or taxes will be added to the invoice as a
separate charge to be paid by the Buyer. Out
of state buyers picking up equipment or parts must pay state and local taxes
where applicable.
CANCELLATION: Orders
are not subject to cancellation or hold-up on delivery except with our written
consent, and only upon such terms that will compensate us for our loss from such
cancellation or hold-up on delivery.
DELIVERY: Barbco, Inc. will use its best
efforts to deliver within stated delivery dates, but Barbco, Inc. makes no
representation or guarantee that such delivery dates will be satisfied.
Barbco, Inc. shall not be responsible for any failure or delay in
performance of any of its obligations, including, but not limited to delivery
within stated delivery dates.
CHANGE
IN DIMENSIIONS AND SPECIFICATIONS:
In
accordance with our established policy of constant improvement, we reserve the
right to amend our specifications at any time without notice.
Catalog dimensions are approximate. If
exact dimensions are required, specification sheets will be furnished upon
request. Weights shown are also
approximate and do not include weight of shipping crates.
Weights are given in pounds per piece unless otherwise stated.
RETURN
OF EQUIPMENT OR PARTS:
No goods may be returned except with prior written permission from our
factory. A minimum 15% restocking
charge will apply to all equipment or parts returned.
Barbco, Inc. may either send a service representative or have the
equipment or parts returned to the factory at the buyer’s expense for
inspection. If Barbco, Inc.
determines the equipment or parts to be defective in material or workmanship,
the equipment or parts may be replaced or repaired at the option of Barbco, Inc.
free from all charges except authorized transportation, but only if such claims
for defects in material or workmanship are made in writing to Barbco, Inc.
within then (10) days of the discovery of the defect.
LIMITED
WARRANTY:
Barbco, Inc. warrants its equipment and parts to be free from defects in
material and workmanship for a period of six (6) months from the date of
shipment from the factory. If
Barbco, Inc. determines the equipment or parts to be defective in
material or workmanship within the period of six (6) months from the date of
shipment from the factory, the equipment or parts may be replaced or repaired at
the option of Barbco, Inc. free from all charges except authorized
transportation, but only if such claims for defects in material or workmanship
are made in writing to Barbco, Inc. within ten (10) days of the discovery of the
defect. THE FOREGOING LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO REPRESENTATIONS, GUARANTEES,
OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO A WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY BARBCO, INC. IN
CONNECTION WITH THE MANUFACTURE OR SALE OF ITS EQUIPMENT OR PARTS.
NO EMPLOYEE, DISTRIBUTOR OR REPRESENTATIVE IS AUTHORIZED TO CHANGE THIS
LIMITED WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY ON BEHALF OF BARBCO,
INC. THIS LIMITED WARRANTY DOES NOT
EXTEND TO ANY COMPONENT PARTS OR INDIVIDUAL PARTS NOT MANUFACTURED BY BARBCO,
INC; HOWEVER, BARBCO, INC.’S LIMITED WARRANTY HEREIN SHALL NOT LIMIT ANY
WARRANTIES MADE BY MANUFACTURERS OF COMPONENT OR INDIVIDUAL PARTS WHICH MAY
EXTEND TO BUYER.
DISCLAIMER: Barbco,
Inc. shall not be responsible for any damage or injury resulting to or caused by
its equipment or parts by reason of transportation, installation, improper
storage, unauthorized service, alteration of the equipment or parts, neglect or
abuse or the use of the equipment or parts in a manner inconsistent with its
design. Barbco, Inc. shall not be
liable for any delays or losses caused by Barbco, Inc.’s error unless such
delays and losses are caused by willful misconduct. EXCEPT
FOR THE LIMITED WARRANTY SET FORTH ABOVE, BARBCO, INC. MAKES NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NO LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION
OF LIABILITY: IN
NO EVENT SHALL BARBCO, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE BREACH OF ANY
PROVISION OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS OR
PROFITS, EVEN IF BARBCO, INC. IS ADVISED, OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS. THE
LIABILITY OF BARBCO, INC. WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, OR
OTHERWISE SHALL NOT EXTEND BEYOND ITS OBLIGATION TO REPAIR OR REPLACE AT IT
OPTION, ANY EQUIPMENT OR PART DETERMINED BY BARBCO, INC. IN ITS SOLE DISCRETION
TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP WITHIN THE PERIOD OF SIX (6) MONTHS
FROM THE DATE OF SHIPMENT FROM THE FACTORY, AND ALL DAMAGES IMPOSED UPON BARBCO,
INC. UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT BUYER HAS PAID TO
BARBCO, INC. FOR THE EQUIPMENT OR PARTS. THE
REMEDIES OF BUYER SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
REMEDIES. FURTHERMORE, IN THE EVENT
THAT ANY EQUIPMENT OR PART SHALL BE MANUFACTURED AND/OR SOLD BY BARBCO, INC. TO
MEET BUYER’S PARTICULAR SPECIFICATIONS OR REQUIREMENTS, BARBCO, INC. SHALL NOT
BE LIABLE FOR ANY LIABILITY OR ANY CLAIM FOR INFRINGEMENT OF ANY PATENT, ARISING
FROM THE BUYER’S PARTICULAR SPECIFICATIONS OR REQUIREMENTS FOR THE EQUIPMENT
OR PART.
INDEMNIFICATION: Buyer
shall indemnify and hold Barbco, Inc., its officers, employees and agents
harmless against any and all losses, claims, damages, judgment, liabilities, or
expenses, including without limitation, reasonable attorney fees and expenses
incurred by Barbco, Inc. as a result of or arising out of (1) Buyer’s breach
of the Agreement; (2) the transportation, installation, improper storage,
unauthorized service, alteration of equipment or parts sold or rented to Buyer,
removal, neglect or abuse or the use of the equipment or parts sold or rented to
Buyer in a manner inconsistent with its design; or (3) any claim by any third
party against Barbco, Inc. for any errors, omissions, defects or any and all
claims regarding the manufacture and operation of the equipment or parts sold or
rented to Buyer.
ADEQUATE
INSURANCE: In the
event that Barbco, Inc. seeks adequate assurance of performance from the Buyer,
and Buyer fails to give such adequate assurance of performance; Barbco, Inc. is
entitled to cancel the contract and pursue damages for buyer’s repudiation of
the Agreement.
DEFAULT: In the event that
Buyer fails to pay an amount properly invoiced to Buyer, fails to pay any other
amount due under any agreement with Barbco, Inc., or otherwise breaches any
obligation or covenant contained in the Agreement, or in any other agreement
with Barbco, Inc., Barbco, Inc. may, in its discretion, in addition to other
remedies to which Barbco, Inc. may be entitled without affecting an election of
remedies, cancel or terminate this Agreement upon notice to Buyer, or suspend
performance by Barbco, Inc. under this Agreement until Buyer pays for such
charges or amounts.
GOVERNING
LAW / VENUE: This
Agreement shall in all respects be subject to, and governed by, the Laws of the
State of Ohio. In the event that any
legal proceeding is commenced or arises out of the provisions of this Agreement,
said legal action shall be commenced and filed in Stark County, Ohio.
Buyer hereby knowingly and irrevocably waives any objection on the
grounds that improper jurisdiction or venue to an action in the State of Ohio,
and agrees that effective service of process may be made upon buyer by mail at
the address set forth on the front of this document.
MODIFICATION
/ WAIVER: This Agreement may not be changed
or modified orally, but may be amended in writing by duly authorized officers of
both Barbco, Inc. and Buyer. A
party’s failure to insist on compliance or enforcement of any provision of
this Agreement shall not affect the validity or enforceability or constitute a
waiver of future enforcement of that provision or of any other provision of this
Agreement by that party or any other party.
FINANCE
CHARGES: Any
outstanding invoices over 30 days old will be accessed a 1.00% per month finance
charge on the outstanding balance over 30 days.
This amount will be invoiced separately from invoices for products and
services.
APPLICATION
OF REMITTANCES:
All remittances to Barbco, Inc. will be applied to the oldest invoices
first, including those for finance charges.
Please keep this in mind when sending in your payments.