TERMS AND CONDITIONS OF SALE

ABC Pump Service and Repair

TERMS AND CONDITIONS OF SALE

1/14/2016 our acceptance of your order is expressly conditioned on the general terms and conditions below. The contract shall not include any deviating or additional terms unless expressly agreed to in writing and signed by an officer of ABC Pump Service and Repair.

FREIGHT: Freight allowed will be applied to any purchase at or above $2,000 net (Based on Standard Multiplier). Carriers / routing of shipments for freight allowed shipments will be at the sole discretion of ABC Pump Service and Repair. Acceptance of material constitutes a waiver of any claims against us for delay, damage or loss.

CREDIT: ABC Pump Service and Repair

Standard credit terms are net 30 days Date Of Invoice ). Special Terms may be offered on an individual quote. and some COD Overdue accounts are subject to a 1-1/2% monthly service charge. All orders are subject to approval of our credit department and may require full or partial payment in advance.

PRICING: All Prices are subject to change without notice. All shipments will be invoiced at the price in effect the date that the order was accepted. Published prices are for products of our standard design and construction. The amount of any applicable present of future tax or other government charge upon the production, sale, shipment or use of goods ordered or sold is not included in the price and will be added to billing unless an appropriate exemption certificate is provided.

RETURNS: All returns must have prior approval and be accompanied by a Return Authorization form. Returns must be returned to the address marked on the form and all boxes marked with the RA number. Defective returns are subject to inspection and ABC Pump Service and Repair reserves the right to make final disposition on all returns and may refuse credit if product is not defective or out of warranty. Full credit will not be issued for incomplete product returns or damage caused by carrier, or neglect by end user. A minimum 15% restocking charge will be made on all new products returned for credit.

GOVERNING LAW: It is understood and agreed that these terms and conditions of sale shall be interpreted under and pursuant to the laws of the State of California; you agree that any action at law or suit which is related to any contract of sale brought against us shall be filed in a federal or state court located in the State Of California.

WARRANTY: We warrant to our immediate customer and to the ultimate consumer that products of our manufacture will be free of defects in material and workmanship under normal use and service for one year (12 months) from the date of installation, or 12 months from the date of manufacture, which ever comes first. We will repair or replace, at our option, to the original purchaser any part or parts of our product found upon our examination to be defective. Please call ABC Pump Service and Repair (714-633-4697) for instructions. Be prepared to provide the model number and proof of the date invoice of installed when exercising this warranty. All transportation charges on products or parts submitted for repair or replacement must be paid by purchaser. This warranty does not cover products which have been damaged as a result of accident, abuse, misuse, neglect, improper installation, improper maintenance, or failure to operate in accordance with ABC Pump Service and Repair written instructions. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY OTHER DIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST INCOME, LABOR CHARGES, DELAYS IN PRODUCTION, IDLE PRODUCTION WHICH DAMAGES ARE CAUSED BY ANY DEFECTS IN MATERIAL AND/OR WORKMANSHIP AND/OR DAMAGE OR DELAYS IN SHIPMENT. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations might not apply to you. This warranty gives you legal rights, and you may also have other legal rights which vary from state to state.