American Gas &
Unless otherwise specially stated, prices are f.o.b. point
of shipment. Prices do not include sales, use, excise or similar tax. Any such
taxes as are applicable shall be paid by the Buyer. Price quotations not acted
upon by the Buyer within 30 days are subject to revision.
Merchandise purchased under this order is warranted against
defect of material or workmanship under normal use and service for such periods
of time as are specified in American Gas & Chemical Company, Ltd.’s standard warranty terms in effect at time of
shipment, which terms are available upon request. American Gas & Chemical
Company, Ltd.’s liability under this warranty is
limited solely to replacement or repair, at American Gas & Chemical
Company, Ltd.’s option, of the defective material.
This warranty shall not apply to any product or part which has been subjected
to misuse, abuse, improper installation or application, attempted or
unauthorized repair, alteration, accident or negligence in use, storage,
transportation, or handling.
THIS WARRANTY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Buyer must notify American Gas & Chemical Company, Ltd.’s in writing of all claims under this warranty within
thirty (30) days of discovery of the defect giving rise to such claim.
All return shipments must be authorized in writing by American
Gas & Chemical Company, Ltd. prior to shipment and shipment will be at
Buyer’s expense. American Gas & Chemical Company, Ltd. will not, under any
circumstances, whether as a result of breach of contract or breach of warranty,
be liable for consequential, incidental, special, or other damages including
but not limited to loss of profits or revenues, loss or use or damage to any
associated equipment, facilities or services or downtime costs.
We hereby certify that these goods were produced in
compliance with all applicable requirements of Section 6, 7, and 12 of the Fair
Labor Standards Act as amended and of Regulations and Orders of the United
States Department of Labor issued under Section 14 Thereof.
Choice of Law
This agreement shall be governed by, and construed in accordance
with, the conflict and substantive laws of the State of New