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Terms and Conditions All products of Bamsch Enterprises International, Ltd.,
(referred to herein as “BEI”,) are sold or otherwise furnished in accordance
with these general terms and conditions: 1. Terms of Payment. Payment for any parts purchased
from BEI will be considered C.O.D. unless BEI has expressly agreed to extend
credit to buyer. If credit has been
extended to buyer, the terms of payment will be 2% discount if paid within 10
days of invoice, net 30 days, paid in full.
Extension of credit is in the sole discretion of BEI. A late charge of
1.5% per month (18% per year) will be added to over due accounts from the
first day of the month following the purchase. In the event that the account
is placed for collection, the purchaser agrees to pay reasonable attorney’s
fees. 2. Delivery. BEI shall put forth its best
effort to have parts purchased from BEI shipped in a timely manner once parts
have been completed. The parts will be
shipped “best way” to be determined by BEI unless other prior delivery
arrangements have been made in advance.
All delivery charges and/or handling expenses are the sole
responsibility of the buyer unless prior arrangements have been made. Title to the parts purchased from BEI shall
pass to the seller at the point of shipment from BEI. BEI assumes no liability for damage to
parts during transit and buyer shall look to the delivery or freight company
for all damage to parts during transit. 3. Parts Returned. Parts returned to BEI will not
be accepted unless prior arrangements have been made. All parts returned to BEI that do not have
a manufacturer’s defect will be subject to a 20% return and restocking fee.
All returned items must be accompanied by the original BEI packing slip. 4. Statement of
Compliance.
Bamsch Enterprises International, Ltd., assures that the parts sold by
Bamsch Enterprises International, Ltd., comply with Bamsch Enterprises
International, Ltd., standards for integrity and quality. 5. Warranty and
Exclusion of Implied Warranties. THE WARRANTY STATED HEREIN
SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY FOR MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE AND NO WARRANTY SHALL BE IMPLIED BY COURSE OF DEALING OR
COURSE OF PERFORMANCE OR USAGE OF TRADE. BEI warrants the products sold by it to be
free from defects in material and workmanship for a period of one (1) year
from date of shipment from BEI. BEI
will repair or replace at BEI’s option, F.O.B., at the BEI location where the
products were manufactured, any products which BEI determines to be defective
in material or workmanship, provided that BEI is given prompt notice in
writing of any defect, and provided buyer or user has kept such products in
condition where BEI can examine same; and provided no machining, welding,
heating, or other alteration of any kind is done to said products after same
are performed or shipped from BEI facilities.
In no event shall BEI be liable for incidental, consequential, special
or other damages of any nature. BEI does not warrant that
its products meet the requirements of any safety code of any state,
municipality, or other jurisdiction or that they will perform as anticipated
or desired by buyer or user and/or user assumes all risk and liability
whatsoever resulted from use thereof, whether used alone or in conjunction
with other equipment. Products furnished by BEI
but not manufactured by BEI will carry only the warranty of the manufacturer
of such products, if any. BEI does not
warranty products not manufactured by BEI. BEI’s liability for any
loss or damage in any way resulting to buyer/user from any failure of a
product shall not exceed the amount which BEI received from buyer or user for
the product found to be defective.
Where other manufacturer’s products are used in BEI manufactured
products prove defective, BEI’s liability shall exist only to the extent that
BEI is able to recover from such manufacturers or suppliers for said defects. BEI’s liability for damage
to or loss of property of buyer or others during performance of work thereon
by BEI or while in BEI’s possession shall not exceed the price received by
BEI for its work on the article lost or damaged. 6. Substitutions and
Property Rights. BEI retains the right to make substitutions
and modifications to its products providing that said changes do not affect
the performance of those items. BEI retains for itself all
proprietary or intellectual property rights in and to all designs,
engineering details and data concerning the products sold by it. 7. Taxes and Charges. Any taxes or charges that BEI
may be required to pay or collect under any existing or future law upon or
applicable to the sale, purchase, manufacture, transportation, delivery,
storage, use or consumption of the products shall be for the account of the
buyer. 8. No Other Written or
Oral Agreements. There are no understandings or agreements
between buyer or user and BEI relative hereto which are not fully expressed
herein. No acknowledgment, purchase
order or other document that contains any terms or conditions contrary to the
provisions herein will be effective. 9. Choice of Law and
Venue.
All sales by BEI shall be governed by the laws of the State of
Texas. Venue for any action in which
BEI is a party shall be in Harris County, Texas. 10. Disclosure of General
Partner. BEI – OP,
L.L.C., a Texas limited liability company is the sole general partner of
Bamsch Enterprises International, Ltd., a Texas limited partnership. The
principle office of BEI – OP, L.L.C.
is at 7113 Chippewa Blvd., Houston, Texas 77086-3226. The mailing address for
BEI – OP, L.L.C. is P.O. Box 41348, Houston, Texas 77241-1348. 10. |