Professional Documents
Culture Documents
1.
DEFINITIONS
a. FLS means the FLSmidth entity that is providing the offer.
b. Buyer means the purchaser, its representatives and/or its agents.
c. Equipment means any equipment, machinery, parts, components, materials or services provided for in this offer and any contract
resulting therefrom.
2.
3.
TAXES
All prices quoted herein are exclusive of all sales, use, value added, excise, import, privilege, personal property or other taxes or duties
occasioned by the manufacture, shipment, sale, lease, possession, ownership or use of the Equipment. Buyer shall pay such taxes to FLS or
to public authorities, as required.
4.
5.
FREIGHT
Freight when allowed in FLS offers, is estimated at the most economical rate for the method of shipment specified to the given destination
and the actual cost will be invoiced to and paid by the Buyer, in addition to Contract price. Any claims for loss, damage or shortage in
transportation must be filed immediately by the Buyer against the carrier, as all Equipment is shipped at Buyers risk.
6.
SERVICES
The Equipment shall be installed and commissioned by the Buyer at the Buyers expense. If installation or commissioning advisory services
are provided, such services shall be governed by FLS Standard Terms and Conditions of technical Advisory Service.
7.
SAFETY DEVICES
FLS shall not be required to furnish or be responsible for the safety devices or regulations except those which are expressly provided for
herein. Buyer shall install and operate the Equipment in accordance with all applicable laws, codes, and regulation.
8.
9.
DELIVERY/EXTENSION OF TIME
a. FLS will make every reasonable effort to meet scheduled delivery dates; however, Buyer hereby acknowledges and agrees that
FLS is not liable for damages due to any failure to meet such scheduled delivery dates and no such failure to meet scheduled dates
shall be sufficient cause for cancellation.
b. Scheduled completion or delivery dates shall be extended for delays due to any cause beyond FLS reasonable control, including,
without limitation, governmental actions or orders, embargoes, terrorism and the impacts thereof, defective materials including
defective casings, default or delay of subcontractors or suppliers, delays in transportation, labor disputes, fires, floods, inability to
obtain fuel, labor or materials, riots, acts of God, and all other such causes which delay performance by FLS or any of its suppliers
or subcontractors.
b.
c.
FLS agrees to repair or, at FLS options, replace, EX Works original point of shipment any Equipment which proves during warranty
period to contain defective material or workmanship, if written notice is given to FLS within two (2) calendar weeks of discovery.
The warranties and limitations of remedy and liability set forth in this Contract shall be exclusive, in lieu of, and exclude all other
warranties (except of title), whether express implied, statutory, at law or in equity. THERE ARE NO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS OF PURPOSE, PERFORMANCE OR OTHERWISE.