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Sales
Agreement
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SALES AGREEMENT
1.
Returns will not be accepted without authorization. J&M will
issue a Return of Materials Authorization, which must accompany
the returned goods. The RMA number must be clearly marked on the
exterior of the package. A 30% restocking fee may be assessed to
returned merchandise
. 2. Claims for damage or defect of any kind or nature, except
for latent defects, must be made in writing within 3 days of receipt
of goods. Claims for latent defects are barred unless presented
within 30 days of delivery. Claim must be accompanied by the original
sales agreement or shipping papers to establish date of purchase.
No action arising out of this warranty may be brought by customer
more than one year after the cause of action has accrued.
3. Theatrical Glass Orders: special conditions Orders for theatrical
glass (Breakaway), both custom and stock items, are not cancelable
or returnable. Theatrical glass orders, except stock bottles, are
shipped at Customer’s risk and are not guaranteed against
shipping damage. Insurance claims for damaged shipments of theatrical
glass will NOT be made by J&M. Claims for shipping damage must
be filed by Customer.
4. Theatrical Glass: J&M stock breakaway bottles Stock bottles
of J&M manufacture are guaranteed for one shipment, and will
be replaced free of charge and re-shipped at the customers expense
on properly filed claims.
5. Damages In no event will J&M be liable for any special indirect,
incidental, or consequential damages even if J&M has been advised
of the possibility of such damages and even if J&M has knowledge
that failure to perform could cause consequential economic losses,
except to the extent required by applicable law. In any event, damages
are limited to the amount actually paid to J&M for the above
goods.
6. Freight All Shipments FOB Jauchem & Meeh Inc. Brooklyn NY
unless otherwise specified.
7. Fitness Customer undertakes the complete and entire responsibility
of ascertaining whether the goods purchased hereunder meet the requirements
or are suitable for Customers intended use. Any advice or technical
assistance is rendered without compensation (unless specifically
paid for as such) and J&M assumes no obligation or liability
for such advice given or obtained.
8. Force Majeure J&M shall not be liable for any delay in delivery
of any part of the merchandise due to accidents, strikes, fires,
Government regulations, or any Force Majeure.
9. Local Law Customer represents that the goods purchased will
be shipped, stored and used strictly in accordance with the laws,
codes, regulations and ordinances of the state and/or jurisdiction
of destination.
10. Sales on Account are subject to an additional condition of
sale: In consideration of Jauchem & Meeh, Inc. extending credit
to the purchaser the purchaser agrees to pay for all of the items
delivered to, or at the request of, the purchaser in accordance
with the terms of the invoice: any invoice unpaid on the last day
of the month in which it is due will be subject to a 1 1⁄2%
service charge (annual percentage rate 18%) will be due every thirty
days thereafter. A waiver of any one or more service charge(s) shall
not be deemed to be a waiver of any future service charge(s). Purchaser
further agrees that with regard to such service charges, the purchaser
and Jauchem & Meeh, Inc. are parties to a written contract.
Should it be necessary to place the account with a collection agency
or attorney, the applicant agrees to pay all collection costs and
attorney fees in addition to the other sums due.
11. Sales Tax All sales for delivery within New York State are
subject to NYS Sales Tax at 8.375% on total sale. Sales tax will
not be charged if Customer provides a current resale or tax exemption
certificate.
12. HMIS A Hazardous Materials Surcharge of 4% (HMIS) will be added
to all orders that have any hazardous materials or Dangerous Goods
as defined by 49 CFR or IATA/ICAO regulations.
Warranty
The equipment fabricated by Jauchem & Meeh (J&M) is warranted
to be free of defects in material or workmanship for 90 days from
date of delivery. Equipment sold as “used” is subject
to a 30 day parts and labor warranty. All other equipment is subject
to the original manufacturers warranty. Warranty does not extend
to units subjected to misuse, abuse, neglect or accidental damage,
or to units used in violation of manufacturers operating instructions.
Equipment which shows evidence of having been altered, modified
or serviced without authorization, or which has had its serial number
removed, will be ineligible for service under warranty. Repair,
or at our option, replacement or return of purchase price, will
be made to any unit manufactured by J&M which proves to be defective
during the warranty period, provided the unit is properly packed,
with all transportation charges prepaid (insured for replacement
value) and shipped to J&M at 43 Bridge Street Brooklyn NY 11201.
RMA number must appear on the exterior of the package. Warranty
repairs to J&M manufactured goods are made without charge to
the customer for parts or labor. This warranty extends to the original
purchaser and is not transferable. Repair, replacement or refund,
as provided under this warranty, are the exclusive remedies of the
customer. This warranty is expressly in lieu of all other warranties,
express or implied, including any warranty of merchantability or
fitness for a particular purpose. No oral agreement, guaranty, promise,
representation or other implied warranty shall be binding.
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© 2002 Jauchem &
Meeh, Inc.
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