We warrant the work performed and equipment installed by us under this contract against defects in materials and workmanship for a period of one year from the date each piece of equipment is placed into operation. In the event of a claim, you must give us prompt notice and provided all payments due under the terms of this contract have been made in full, we shall, at our own expense, correct any proven defect by repair or replacement.
We will not, under this warranty, reimburse you for cost of work done by others; nor shall we be responsible for equipment to which revisions, additions, or alterations have been made by others. This warranty is in lieu of any other liability for defects. WE MAKE NO WARRANTY OF MERCHANT LIABLILITY AND NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THIS CONTRACT, NOR ARE THERE ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, BY OPERTION OF LAW OR OTHERWISE.
Like any piece of fine machinery, this equipment should be periodically inspected, lubricated and adjusted by competent personnel as outlined by the manufacurer. This warranty is not intended to supplant normal maintenance service and shall not be construed to mean that we will provide free service for periodic examination, lubrication and adjustment due to normal use, beyond that included in the contract; nor will we correct, without charge, breakage, maladjustments or other trouble arising from abuse or misuse of the equipment improper or unbalanced power supply characteristics, improper or inadequate maintenance, trouble due to acts of God or any other causes beyond our control.
If the equipment installed by us under this contract is deemed to be a consumer product, and we a supplier and Purchaser a consumer under Title I of Public Law 93-637, known as the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, then the implied warranties required by such act shall be limited in duration to the same period of time as the expressed warranty set forth herein and this entire warranty is designed at LIMITED.
We shall in no event be liable for damages or delay nor for any consequential, special or contingent damages or breach of warranty.
If there is more than one unit in this contract, this section shall apply separately to each unit as completed and place in operation.
In the event the Purchaser's acceptance is in the form of a purchase order or other kind of document, the provisions, terms and conditions of this proposal shall govern in the event of conflict.
Unless otherwise agreed to it is understood that the work shall be performed during regular working hours of regular working days of the trade. If overtime work is mutually agreed upon and performed, the additional price, at our usual rates for such work, shall be added to the contract price herein named.
Quotations are subject to change without notice.
You agree to pay, as an addition to the price herein quoted, the amount of any tax based upon the transfer, use, ownership or possession of the equipment, imposed by any law enacted after the date of this proposal or imposed upon you by any existing law.
Unless otherwise agreed upon, bi-weekly progress billings will be made by MALTHANDLING.COM, LLC to cover materials shipped and labor expended during this period. Ownership of the material covered by this purchase shall remain with MALTHANDLING.COM, LLC until full payment has been made therefore by owner. Payments shall become due and payable within 7 days after receipt of such progress billings by customer.
We reserve the right to discontinue our work at any time until progress payments have been made as agreed.
The completion of work or delivery of material specified in this agreement is subject to delays caused directly or indirectly by embargoes, strikes, lockout, common carriers, accidents or by any other similar or dissimilar caused beyond our control, for which we are to be held harmless.
Should conditions develop beyond our control, making the building or premises in which our men are working, dangerous, we reserve the right to discontinue our work until such dangerous conditions are corrected.
Should damage occur to our material or work on the premises, where our work is to be or is being performed, by fire, theft or otherwise, the purchaser is to compensate us therefore.
It is hereby expressly understood, in consideration of our performance of the service enumerated at the price stated, that the purchaser assumes all liability for injury, including death, to any person or persons and for damage to property or loss of use thereof, on account of our resulting from the performance of the work to be done hereunder, and agrees to defend, indemnify and hold harmless our company, its officers, directors and employees from all damages, claims, suits, expenses and payments on account of our resulting from any such injury, death or damage to property, except that resulting from the sole negligence of MALTHANDLING.COM, LLC.
MALTHANDLING.COM, LLC nor its subsidiaries or divisions shall not be responsible or liable for any damages, claims, suits, expenses and payments on account of or resulting from any injury, death or damage to property arising or resulting from overloading above the rated capacity of any equipment or device covered by this contract.
The machinery, implements and apparatus furnished hereunder remain our personal property and we retain title thereto until final payment is made, with right to retake possession of the same at the cost of the purchaser if default is made in any of the payments, irrespective of the manner of attachment to the realty, the acceptance of notes, or the sale, mortgage or lease of the premises.
We reserve the right to remove and retain all parts & materials not used in construction.
In states requiring notice prior to filing a lien, this notice requirement is hereby complied with.
Here at Malt Handling, we aim to provide exceptional, personalized service, dedicated to going the extra mile for your unique needs. We look at our customers as partners, building high quality relationships while building high quality malt handling systems. Get in touch today to get started now!