Terms and Conditions (oac)

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(1) General:

All   All orders are subject to acceptance by PipeMan Products, Inc. at Concord, California. The terms as hereinafter written shall supersede the terms of the order in the event of contradiction or inconsistency. Prices, terms and conditions published by PipeMan Products, Inc. are subject to change without notice.

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(2) Terms of Payment:

Minimum net billing is fifty U.S. dollars ($50.00) on all orders. To encourage early payment a one percent (1%) Cash Discount will be allowed on all invoices paid not later than fifteen (15) days from invoice date. Payment of full invoice amount is due within thirty (30) days from invoice date. Past due accounts are subject to the maximum legal rate of interest. Payment is to be made in U.S. dollars.

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(3) Tax

All sales, use or other taxes imposed on any transaction between PipeMan Products, Inc. and the Buyer shall be paid in full by the Buyer. Such taxes will be added to the amount shown payable on the invoice

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4) Bids and Quotations

Specific bids and quotations will be honored for thirty (30) days from written quotation unless otherwise specified therein. Buyer may with the express written consent of PipeMan Products, Inc. makes changes in the specifications for material or work covered by contract. In such event the contract price and delivery dates shall be equitably adjusted. PipeMan Products, Inc. shall be entitled to payment for reasonable costs and expenses incurred by it for works and materials rendered unnecessary as a result of such changes and for works and materials required to effect said changes plus PipeMan Products, Inc. usual profit thereon

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5) Freight, Shipment and Title

All sales are made F.O.B. PipeMan Products, Inc. shipping point. PipeMan Products, Inc. shall have the right to select the carrier and route of shipment. Title for products shipped by PipeMan Products, Inc. passes to buyer upon delivery to the carrier.

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6) Inspection and Claims

All products and parts shall be finally inspected and accepted within ten (10) days after receipt. All claims whatsoever by Buyer (including claims for shortages) excepting only those provided for under the Warranty and Limitation of Liability clauses here of must be made within said ten (10) day period or they are waived. Title and risk of loss or damage to products shipped by PipeMan Products, Inc. passes to the Buyer upon delivery to the carrier. PipeMan Products, Inc. will not file claims against carriers for Buyer but will render reasonable assistance to Buyer in filing any such claim.

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7) Returns and Cancellations

Returns will be accepted only with prior written authorization by PipeMan Products, Inc.. Al returns made without prior written authorization will be refused or returned to the shipper at his expense. Authorized returns are subject to a fifty percent (50%) or a minimum twenty-five dollars ($25.00) handling charge. No credit will be allowed for products which cannot be made resalable, products acquired and distributed to Buyer's specifications nor any obsolete products. Any returned material requiring reconditioning will be subject to charges equal to those necessary to make the products resalable. Material or work which remains to be furnished may be cancelled by Buyer only with the express written consent of PipeMan Products, Inc.. In the event of such cancellation, PipeMan Products, Inc. shall be entitled to payment for the cost ands expenses incurred by it in connection with acquisition of the material or work so cancelled, plus an amount determined by applying PipeMan Products, Inc. usual rate of profit for similar items to such costs and expenses, or fifteen percent (15%) of the contract price.

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(8) Warranty - Limitation of Liability - Exclusion of Warranties

All products distributed by PipeMan Products, Inc. are carefully inspected prior to shipment. Each product is warranted against defects in materials and workmanship by the manufacturer. In the event a product is found to be defective in materials or workmanship the Buyer's exclusive remedy under this warranty is expressly limited to replacement, repair or repayment of the purchase price at the option of PipeMan Products, Inc.. The net invoiced price is the limit of liability. No claims or any consequential or special damage will be allowed. Any defective parts of products must be held for inspection by PipeMan Products, Inc. and returned to PipeMan Products, Inc. in Concord, California promptly upon request. The FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE, AND ARE IN LIEU OF ALL OTHER WARRANTIES (WHETHER WRITTEN, ORAL OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL CLAIMS FOR BREACH OF WARRANTY SHALL BE PRESENTED TO SELLER WITHIN THIRTY (30) DAYS AFTER DISCOVERY OF THE DEFECT IN THE GOODS, OR BE BARRED.

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9) Delivery

Delivery dates indicated in order confirmations are approximate and are based on prompt receipt of all necessary information regarding the products covered by the contract. PipeMan Products, Inc. will use its best efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so due to fire, war, civil commotion, strikes, failure of transportation, any act of God, or other causes beyond its control. In the event of any delay in delivery caused by Buyer, PipeMan Products, Inc. will store and handle all items ordered at Buyer's risk and will invoice Buyer for the unpaid portion of the contract price, on or after the date on which the products is ready for delivery. This amount will become due and payable in full within thirty (30) days from invoice date. A monthly storage and extra handling charge of one percent (1%) per month or any fraction thereof of the contract price covering the stored product shall be billable as a separate item.

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10) Product Improvement

      Products distributed by PipeMan Products, Inc. are engineered by it’s manufacturers to meet service requirements. From time to time products will be improved at the discretion of PipeMan Products, Inc. manufacturers. When this occurs, previous designs will not be replaced in the field unless they have been proven defective.

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11) Contravening Law

Should any term or provision contained in the contract contravene or be invalid under applicable law, the contract shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared therein

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12) Default

Notwithstanding anything hereinabove to the contrary, all sums due and owing and not paid within thirty (30) days from invoice date shall bear interest at the rate of eighteen percent(18%) per annum from the date incurred until paid. Buyer agrees to pay not only all invoiced amounts, but also interest as provided above and all costs related to recovery and protection of goods sold; all sums payable to PipeMan Products, Inc. at its office in Concord, California. To secure the payment of all the above sums, principal, interest, and expenses and costs, Buyer hereby grants to PipeMan Products, Inc. a security interest in all goods sold to Buyer by PipeMan Products, Inc. and all proceeds from, products of, accessions to, and documents of title concerning such goods.

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13) General

      This agreement and all sales transactions made pursuant to this Agreement shall be governed by the laws of the State of California and to the extent applicable any federal laws having application within the State of California. It is provided that in no event whatsoever shall be contracted for, charged, or collected in excess of the maximum interest allowable by law.

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PipeMan Products, Inc. - 1-877-PIPEMAN - 1-877-747-3626                                                      072707-A

DoubleStack, TripleStack, and QuadStack Extra Deep Hole Saws, Insta-Clamp Solder Joint Repair Clamp, TapMaster Leading Edge Sealing Elements , GorillaGrip Gasket, the GorillaGrip Gasket Logo,

CopperStopper and SteelStopper QT Style Line Stop Saddles,  and TM-1 Pro Series Hot Tap Machine, are trademarks or registered trademarks of PipeMan Products, Inc. Use without written permission is prohibited.