The terms and conditions set forth below constitute the expression of all the terms of this agreement and a complete and exclusive state of the agreement between the Purchaser and GISCO. All orders are received subject to approval by GISCO. No alteration of terms herein shall be binding unless in writing, signed by an authorized representative GISCO. This contract shall be governed by the laws of the state of Minnesota, USA.
All prices are net, the full price is to be paid prior to shipment and 25% at time of order.
GISCO's prices do not include sales, use, excise, duties nor any other levies which may be imposed or assessed upon the equipment or the sale of equipment at any time. If the purchaser is exempt from any specific tax which would otherwise be applicable, it shall be the duty of the Purchaser to furnish to GISCO proper exemption certificate.
The Purchaser assumes all responsibility for and risk of loss or damage to the equipment after delivery at the F.O.B. point to the carrier, at which time title shall pass to the Purchaser, unless the equipment is not fully paid for.
GISCO's standard warranty applies. GISCO makes no warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the goods sold herein.
GISCO shall be entitled to an extension of time for the performance of any contract of sale in the event of conditions beyond the GISCO's reasonable control.
Finished goods on which delivery is delayed due to any cause not within GISCO's control may be placed in storage. Expenses associated with storage shall be paid by the Purchaser. Goods in storage can be at GISCO's facilities or elsewhere. The Purchaser assumes all risks for goods placed in storage.
GISCO's equipment is built specifically to a Purchaser's request and specification and cannot be returned.
Any order placed with GISCO cannot be canceled, unless agreed to in writing by GISCO. Cancellation charges which shall take into account expenses already incurred and commitment made by GISCO will be paid by the Purchaser. Cancellation and cancellation charges are made at the sole discretion of GISCO.
Buyer has the right to inspect all goods upon arrival at Buyer's principal place of business before delivery is considered complete. In the event the goods do not conform to specifications, GISCO's sole obligation shall be to repair or replace the goods at GISCO's sole option.
Goods supplied by GISCO shall be repaired solely by GISCO and any attempt to repair the goods without GISCO's specific agreement in writing shall void all warranties and are considered unauthorized repairs. Any and all expenses incurred by the Buyer in such unauthorized repairs are at the expense of the Buyer.
GISCO warrants that the goods are free from defects in workmanship and materials for a period of one year from the date of shipment from Seller's facilities.
In no event shall GISCO be liable for any special, indirect, incidental or consequential damages arising out of or connected with the delivery of goods, regardless of whether or not a claim is asserted on the basis of contract, tort, strict liability or otherwise, nor shall Buyers damages exceed the amount of the purchase price of the goods.
Except as set forth herein, GISCO makes no warranty to Buyer with respect to the goods and Buyer disclaims all other warranties, express or implied, including, without limitation, any implied warranty of merchantability of fitness for a particular purpose.