BAS6502 Edition 04/2020 Page 10 of 11
13 Brinkmann Pumps Inc.
Terms and Conditions
The following terms and conditions govern
all quotations made by Brinkmann Pumps
Inc. („Brinkmann“) and any orders based
upon these quotations. No contract term or
condition shall be amended, deleted or
added without the express written consent
of Brinkmann, and Brinkmann hereby re-
jects any terms set forth in any other writ-
ing which are in addition to or different
from the terms in this quotation.
These items and conditions and any other
terms and conditions delivered in writing
by an authorized agent of Brinkmann con-
temporaneously herewith constitute the
complete agreement between Brinkmann
and the buyer and supersede all prior oral,
written or printed statements of any kind
(including any terms and conditions sub-
mitted by the buyer and performance or
production data from any source whatso-
ever, including references to accuracy, ca-
pacity, and capability of products, all of
which are estimates only) made by Brink-
mann or the buyer or their respective rep-
resentatives. No statement, recommenda-
tion or assistance given by Brinkmann or
its representatives to buyer or its repre-
sentatives, in connection with the use of
any products by buyer, shall constitute a
waiver by Brinkmann of any of the provi-
sions hereof or affect Brinkmann‘s liability,
as defined herein. All transactions covered
hereby and all terms and conditions of sale
shall be governed by the laws of the state
of Michigan.
Prices
The products offered in this proposal and
the prices quoted are based on our under-
standing of buyer‘s requirements; any
change in requirements will necessitate a
revision in prices quoted. Prices are F.O.B.
our dock, Wixom, Michigan, or other loca-
tion as specified on proposal. Brinkmann‘s
prices do not include sales, use, excise, or
similar tax, applicable to the sale or use of
the equipment proposed. These taxes
shall be paid by the buyer, or in lieu
thereof, the buyer shall provide Brinkmann
with a tax exemption certificate acceptable
to the taxing authorities.
Delays or failure to deliver
Brinkmann shall not be responsible for de-
lay or failure to deliver due to acts of God,
or to government action (civil or military),
or to prior orders, or to fire, embargo,
strike or other labor problems, wrecks, de-
lays in transportation, unusually severe
weather or inability to obtain necessary la-
bor or materials from the usual source of
supply, or any other circumstances beyond
Brinkmann‘s control.
Brinkmann shall have the right to furnish
suitable substitutes for materials which
cannot be obtained because of such force
majeure.
Installation
Buyer shall install at its own expense, all
products covered hereby in accordance
with the operating instructions to be fur-
nished to buyer upon request. Unless oth-
erwise stated, no installation services are
included in the price indicated.
Limited warranty
Brinkmann warrants to the buyer (but not
to any others) for a period of one year from
date of shipment that all new parts are free
from defects in material and workmanship.
Brinkmann‘s said warranty shall exist only
if buyer gives written notice to Brinkmann
within ten days after the first determination
that the part is defective and within the
aforesaid one year period from the date of
shipment and includes in said notice con-
sent to Brinkmann to inspect, at any rea-
sonable time, said part and the machine in
which it may be embodied, and if, and only
if, Brinkmann determines to its reasonable
satisfaction upon said inspection that said
part and the machine in which it may be
embodied are, and have been, used in ac-
cordance with all Brinkmann‘s instructions
as to maintenance and operation set forth
in the operating instructions relating to the
machine. Brinkmann‘s warranty is limited
to shipping to buyer replacement of any
part which is so proven to be defective and
in any event shall have no liability what-
soever for incidental or consequential
damage or loss of profit, including dam-
ages resulting from personal injury or
death, or damage to, or loss of use of, any
property. Brinkmann is not responsible for
shipping costs or labor, extends no war-
ranty of any kind for gasket, seals and
wear and tear materials. Notwithstanding
any provisions of these terms and condi-
tions, this warranty is the only warranty
extended by Brinkmann in connection
with any sales of products and is in lieu
of all other warranties, express or im-
plied, including warranties of merchant-
ability or fitness for purpose. No agent,
employee or representative of Brinkmann
has any authority to bind Brinkmann to any
affirmation, representation, or warranty
concerning the products that are the sub-
ject of this quotation beyond that specifi-
cally included in the written quotation.
Brinkmann shall have no obligation to in-
stall or provide improvements or changes
in design adapted by Brinkmann for similar
equipment subsequent to acceptance of
buyer‘s order.
Warranties have been discussed and
understood by both parties.
Buyer‘s use and O.S.H.A.
Buyer shall use and require all persons
operating the equipment to use all proper
and safe operating procedures set forth in
operating instructions relating to the equip-
ment and observe all occupational safety
health and standards act (O.S.H.A.),
American National Standard Institute
(ANSI), and state regulations as required
and all available, feasible and practical
point of operation safety devices con-
sistent with buyer‘s use of the equipment.
Buyer shall not remove or modify, any de-
vice, warning sign, operating instructions
or work handling tools installed on or at-
tached to the equipment. Buyer shall notify
Brinkmann promptly, in writing, and in all
events within ten (10) days after its occur-
rence, of any accident or malfunction in-
volving any equipment which results in in-
jury to or death of persons or damage to
property, or the loss of use thereof and
buyer shall cooperate fully with Brinkmann
in investigation and determining the cause
of any such occurrence of malfunction. At
Brinkmann‘s request made at any time,
buyer will either at its or Brinkmann‘s place
of business, permit to redesign, remodel or
revise the equipment and buyer waives
any claims against Brinkmann for buyer‘s
inability to use the equipment during the
time that same is out of service for such
revision, modification or redesign.
Brinkmann shall not be responsible for any
failure to comply which results from the lo-
cation, operation, design, use or mainte-
nance of the equipment from alternation of
the equipment by persons or firms other
than Brinkmann, or from an option or ac-
cessory to the equipment by persons or
firms other than Brinkmann, which was
available to the buyer but omitted at the
buyer‘s direction, or from design or instruc-
tions furnished by the buyer or its agents.
In view of the above, Brinkmann does not
make any warranties with respect to
O.S.H.A. requirements, including noise;
and will not be responsible for fines, penal-
ties, or consequential damages.
Payment terms
Net payment in full of all invoices is due
thirty (30) days net, unless stated other-
wise in quotation. Any unpaid balance
thereafter shall be subject to a service
charge of 1.75 % per month or, if illegal, at
the highest rate allowed by law. There
shall be no extension or change in the
time for payment due to delay in installa-
tion and/or delays in operation of the
equipment caused by damage, warranty
service or warranty replacement of parts. If
after Brinkmann‘s acceptance of buyer‘s
purchase order, buyer requests Brinkmann
to delay shipment of the equipment, the
purchase price shall become due and ow-
ing thirty (30) days after the equipment is
ready for shipment.