The following conditions apply without exception unless such exception is made in writing and signed by an officer of Phillips Fuel Systems Inc.
Phillips Fuel Systems Inc will, at its option, sell industrial equipment or parts thereof or material only on condition that buyer assumes responsibility for correct specification, storage, installation, field adjustments when normally required, testing and appropriate training of users by technically competent personnel before release to user and that any malfunction or failure of Phillips Fuel Systems Inc supplied material will be reported to Phillips Fuel Systems Inc immediately and that no back charges of any nature will accrue to Phillips Fuel Systems Inc, without the express written consent of Phillips Fuel Systems Inc
Quotations. Unless specifically stated otherwise, price quotations are based on standard pricing, handling, delivery and warranty. Substantial alterations in details or intent of Phillips Fuel Systems Inc quotation on buyer’s purchase order, subject buyer to additional charges based on increased cost incurred by Phillips Fuel Systems Inc. Written quotations are firm until the date indicated unless otherwise noted. Acceptance of orders based on oral quotes, published literature or written quotations older than the date indicated are subject to approval by an officer of Phillips Fuel Systems Inc. Delivery dates are the best estimates as of date of issue. We reserve the right to correct and/or reject quotations made on our behalf by our Sales Representatives or Agents. Unless otherwise advised in writing by seller a minimum 10% down payment on non-standard, special equipment, quoted to customer specification will be required prior to approval drawings being supplied. In the event of order cancellation this down payment is non-refundable. Progress payments may be required on high value special equipment. Such payments would require 10% down payment to cover engineering costs, 25% payment upon receipt of customer release to production to cover material costs and balance as determined by Phillips Fuel Systems Inc finance department. These payments are non-refundable in event of order cancellation or customers default.
Delays in Manufacturing or Delivery. The Seller shall not be held liable for delay in manufacturing or delivery occasioned by causes beyond our control. In no event shall we be liable for any consequential damages or claims for labor resulting from failure or delay in delivery.
Prices. All freight charges are with buyer paying all freight costs, unless allowed in written quotation. Prices and other published data are for reference purposes only and do not imply availability of product. Prices are subject to change without notice and prices in effect at the time of shipment will apply to new orders and unreleased existing orders unless otherwise quoted in writing.
Taxes. Published or quoted pricing does not include any federal, state or local taxes. Buyer should report any federal, state or local taxes as may be required by local law.
Penalty clauses. Unless specifically accepted in writing by Phillips Fuel Systems Inc, price quotations do not include participation by Phillips Fuel Systems Inc in any penalties or damages incurred by buyer.
Acceptance of orders and contracts. All orders must be bonafide contracts detailing complete description of material ordered, including technical specifications as quoted by Phillips Fuel Systems Inc, price, terms, delivery, shipping instructions, etc. Phillips Fuel Systems Inc’s failure to object to any provisions contained in buyer’s order or any other communications shall not constitute a waiver of Phillips Fuel Systems Inc’s terms and conditions not acceptance of such provisions. No order shall be considered accepted unless acknowledged in writing by Phillips Fuel Systems Inc.
Terms of payment - purchased material. Net cash U.S. funds 30 days from date of invoice, which shall be the same as date of shipment from our factory, to approved open account customer. All orders from first time customers are cash in advance or COD regardless of account status. Material ordered to ship on a given date and later ordered by buyer to be held for later shipment will be invoiced on date shipment originally scheduled or on date material becomes available for shipment, whichever occurs later, and terms of payment will apply from that invoice date. A 5% upon release for production, a 3% upon shipment or 2% 10 day cash discount is allowed. Storage and handling charges will accrue to purchaser
Terms of payment - field service. Payable upon receipt of invoice in U.S. funds to approved open account customers. In other cases, payment by cash in advance, COD or security deposit.
ACH. When you provide a check as payment you authorize us either to use information from your check to make to make a onetime electronic transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn form your account as soon as the same day we receive your payments, and you will not receive your check back from your financial institution.
Credit Cards.A processing fee may be added for credit card transactions
Service charges. Service charges of 1.5% per month apply from 31st day after invoice date. Failure to pay such charges as billed may result in suspension of open account terms.
Cancellation. Upon acceptance by Phillips Fuel Systems Inc your order will be entered for production and will not thereafter be subject to cancellation or deferment of delivery schedule without written consent from Phillips Fuel Systems Inc. Any expenses incurred by Phillips Fuel Systems Inc due to cancellation of an order, or the extra expense of deferment of a delivery schedule, will be borne by the customer.
Packing and marking. Prices include our standard packing and marking for domestic shipment within the continental U.S. Additional expenses incurred for special packing or marking as specified by buyer will be paid by the buyer. No allowance in lieu of packing will be made if buyer accepts material unpacked at our factory or authorized service station. Published shipping weights are approximate and are provided only for estimating freight costs.
Shipments. Shipments will be made best way surface unless otherwise specified by buyer. Responsibility for lowest cost and fastest means shipping method is buyer’s and details are to be specified in the buyer’s purchase order. Phillips Fuel Systems Inc’s responsibility ceases when the carrier signs for and accepts shipment and claims for nondelivery of material or damage should be filed with carrier by buyer.
Returning material. Written authorization to return material for credit or repair or replacement must be obtained from Phillips Fuel System Inc and will occur at Phillips Fuel Systems Inc’s discretion. All items subject to restocking, exchange or repair charges with all transportation charges paid by buyer and are subject to acceptance by Phillips Fuel Systems Inc. Phillips Fuel Systems Inc, at its option, will apply credited amounts to buyer’s account, current or future balances, or issue cash refund.
Drawings. One copy of standard drawings, wiring diagrams and instruction manual conforming to Phillips Fuel Systems Inc’s standard practices will be furnished per unit purchased at no charge. Prices quoted upon request for special drawings or additional copies of standard drawings and instruction manuals.
Warranty. Phillips Fuel Systems Inc warrants new industrial equipment or parts or material to be the kind and quality described in Phillips Fuel Systems Inc specifications and to be free from defects in material or workmanship under proper conditions of application and use, for a period of 12 months. See our expanded warranty for further details.